8 Virgin Islands opinions name it 2 courts 2010–2026 2 in the last five years
The cases below were cited by Virgin Islands courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Doggett v. United Statesgreen2 sentences2026See Doggett v. United States, 505 U.S. 647, 651-52 (1992) (observing that longer delays are more presumptively prejudicial to the rights of a defendant and weigh in favor of examining the remaining three Barker factors.) qi5 Penn must demonstrate that the length of the delay is “presumptively prejudicial.” Barker, 407 U.S. at 514 . 2026See Doggett v. United States, 505 U.S. 647, 651-52 (1992) (observing that longer delays are more presumptively prejudicial to the rights of a defendant and weigh in favor of examining the remaining three Barker factors.) qi5 Penn must demonstrate that the length of the delay is “presumptively prejudicial.” Barker, 407 U.S. at 514 . | 1 | 3 |
Barker v. Wingogreen2 sentences2026Applying all the factors established in Barker v. Wingo, 407 U.S. 514 (1972), the Superior Court concluded that although Penn asserted his rights to a speedy trial in a motion before the court, none of the other Barker factors were met; therefore, there was ultimately no prejudice to Penn 48 On August 11, 2023, the People presented Penn with a conditional plea offer. 2026Applying all the factors established in Barker v. Wingo, 407 U.S. 514 (1972), the Superior Court concluded that although Penn asserted his rights to a speedy trial in a motion before the court, none of the other Barker factors were met; therefore, there was ultimately no prejudice to Penn 48 On August 11, 2023, the People presented Penn with a conditional plea offer. | 1 | 3 |
United States v. Battisgreen2 sentences2016“If the delay is relatively brief, then it is not necessary to consider the other Barker factors.” Battis, 589 F.3d at 678 . 2016“If the delay is relatively brief, then it is not necessary to consider the other Barker factors.” Battis, 589 F.3d at 678 . | 1 | 3 |
Strunk v. United Statesgreen1 sentence2026See also, Francis v. Virgin Islands, 63 V.1. 724, 746 (2015); Alexander, 78 V.I. 969 , 978 (reaffirming the application of the four Barker factors in the Virgin Islands to a claim of violation of the Sixth Amendment right to a speedy trial) 7 See Francis, 63 V.I. at 755 3d. ® Strunk v. United States, 412 U.S. 434, 440 (1973) (citing Barker, 407 U.S. at 522 ) 10 Id. " Carty v. People of the V.I, 56 V.E. 345, 365 (2012) '? | 1 | 1 |
United States v. Hatchettgreen2 sentences2015See also United States v. Battis, 589 F.3d 673, 678 (3d Cir. 2009) (holding 14-month delay is sufficient to trigger evaluation of the remaining Barker factors); United States v. Hatchett, 987 F. Supp. 2d 529, 538 (E.D. 2015See also United States v. Battis, 589 F.3d 673, 678 (3d Cir. 2009) (holding 14-month delay is sufficient to trigger evaluation of the remaining Barker factors); United States v. Hatchett, 987 F. Supp. 2d 529, 538 (E.D. | 1 | 1 |
Williams v. Peoplegreen1 sentence2015See Brown v. People, 55 V.I. 496, 504 (V.I. 2011), overruled on other grounds, Williams v. People, 56 V.I. 821, 834 (V.I. 2012) (holding no speedy trial violation after weighing Barker factors); Ariegwe, 167 P.3d at 841 ; Garza, 212 P.3d at 399 . | 1 | 1 |
Brown v. Peoplegreen1 sentence2015See Brown v. People, 55 V.I. 496, 504 (V.I. 2011), overruled on other grounds, Williams v. People, 56 V.I. 821, 834 (V.I. 2012) (holding no speedy trial violation after weighing Barker factors); Ariegwe, 167 P.3d at 841 ; Garza, 212 P.3d at 399 . | 1 | 1 |
Wayne Paul Burkett, K-8595 v. Thomas A. Fulcomer, Superintendent, Answering Blair County District Attorney. Wayne Paul Burkettgreen2 sentences2011See Burkett v. Fulcomer, 951 F.2d 1431, 1440 (3d Cir. 1991). 2011See Burkett v. Fulcomer, 951 F.2d 1431, 1440 (3d Cir. 1991). | 1 | 1 |
Government of the Virgin Islands v. Arthur Pembertongreen2 sentences2010Under the Barker test, the Court must balance “. . . the length of the delay, the reasons for the delay, the defendant’s assertion of the right, and prejudice to the defendant.” Government v. Pemberton, 813 F.2d 626, 628 (3rd Cir.1987) (citing Barker, 407 U.S. at 530-533 ). 2010Under the Barker test, the Court must balance “. . . the length of the delay, the reasons for the delay, the defendant’s assertion of the right, and prejudice to the defendant.” Government v. Pemberton, 813 F.2d 626, 628 (3rd Cir.1987) (citing Barker, 407 U.S. at 530-533 ). | 1 | 1 |
Robert E. Douglas v. Ronald H. Cathel, Administrator of New Jersey State Prison the Attorney General of the State of New Jersey, Zulima Farber.green2 sentences2010Douglas v. Cathel, 456 F.3d 403, 418 (3rd Cir. 2006) (citing Barker); McCloskey v. State, Cr. 2010Douglas v. Cathel, 456 F.3d 403, 418 (3rd Cir. 2006) (citing Barker); McCloskey v. State, Cr. | 1 | 1 |
Government of the Virgin Islands v. Fahiegreen2 sentences2010Compare, Government v. Fahie, 31 V.I. at 117-118 (finding prejudice to defendant under the Barker analysis where identified witnesses could not be found and defendant provided information indicative of their potential testimony). 2010Compare, Government v. Fahie, 31 V.I. at 117-118 (finding prejudice to defendant under the Barker analysis where identified witnesses could not be found and defendant provided information indicative of their potential testimony). | 1 | 1 |
Government of the Virgin Islands v. Richardsongreen2 sentences2010E.g., Government v. Richardson, 51 V.I. 449, 459 (D.V.I. 2010E.g., Government v. Richardson, 51 V.I. 449, 459 (D.V.I. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virgin Islands. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Loud Hawk
green
2 sentences2026United States v. Loud Hawk, 474 U.S. 302, 314 , 106 S. Ct. 648 , 88 L. 2026United States v. Loud Hawk, 474 U.S. 302, 314 , 106 S. Ct. 648 , 88 L. | 1 | 2026–2026 |
Francis v. People
green
2 sentences2016Francis, 63 V.I. at 754-755 . 2016Francis, 63 V.I. at 754-755 . | 1 | 2016–2016 |
Carty v. People
green
2 sentences2016Carty, 56 V.I. at 365 . 2016Carty, 56 V.I. at 365 . | 1 | 2016–2016 |
State v. Ariegwe
green
2 sentences2015Balancing all four Barker factors, as we are compelled to do, Ariegwe, 167 P.3d at 846-47 , we conclude that Francis’s trial was not delayed to the extent that his Sixth Amendment right to a speedy trial was violated. 2015See Brown v. People, 55 V.I. 496, 504 (V.I. 2011), overruled on other grounds, Williams v. People, 56 V.I. 821, 834 (V.I. 2012) (holding no speedy trial violation after weighing Barker factors); Ariegwe, 167 P.3d at 841 ; Garza, 212 P.3d at 399 . | 1 | 2015–2015 |
State v. Garza
green
1 sentence2015See Brown v. People, 55 V.I. 496, 504 (V.I. 2011), overruled on other grounds, Williams v. People, 56 V.I. 821, 834 (V.I. 2012) (holding no speedy trial violation after weighing Barker factors); Ariegwe, 167 P.3d at 841 ; Garza, 212 P.3d at 399 . | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.