cumulative error (Virgin Islands) · Go Syfert
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cumulative error in Virgin Islands

6 Virgin Islands opinions name it 1 courts 2012–2013 0 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.

Followed or applied (2)

CaseFollowedCited
United States v. Eric Antonio Parkergreen
ca6 · 1993 · cited in 1 Virgin Islands opinions naming this issue, 2012–2012
1 sentence

2012However, Nicholas references the cumulative error doctrine in only a single sentence in his brief, in which he says that, “[t]aken together, and viewed in the aggregate, the cumulative prejudice of these innumerable errors was absolutely overwhelming,” and then proceeds to cite to a single case — United States v. Parker, 997 F.2d 219, 222 (6th Cir. 1993) — for the general proposition that the doctrine exists.

11
United States v. Delgadogreen
ca5 · 2012 · cited in 1 Virgin Islands opinions naming this issue, 2012–2012
1 sentence

2012(Appellant’s Br. 50.) Nevertheless, to the extent this fleeting reference to cumulative error is sufficient to properly place the issue before us, we hold that Nicholas’s trial was not “the unusual case in which synergistic or repetitive error violates the defendant’s constitutional right to a fair trial,” given that the evidentiary errors were all fleeting and “the government present[ed] substantial evidence of guilt.” United States v. Delgado, 672 F.3d 320, 344 (5th Cir. 2012).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virgin Islands. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Nicholas v. People green
virginislands · 2012
2 sentences

2013Nicholas v. People, 56 V.I. 718 , 750 n.24 (V.I. 2012).

2013With respect to his argument as it applies to sentencing, assuming arguendo that it is properly before us and that the cumulative error doctrine applies, see, e.g., Nicholas v. People, 56 V.I. 718 , 750 n.24 (V.I. 2012), we decline to address it, given the disposition of this appeal.

42012–2013
Rawlins v. People green
virginislands · 2013
1 sentence

2013Rawlins, 58 V.I. at 275 (citing Nicholas v. People, 56 V.I. 718 , 750 n.24 (V.I. 2012)).

12013–2013
Simmonds v. People green
virginislands · 2013
2 sentences

2013Even if this Court were inclined to adopt the cumulative error doctrine — which we have not yet done, see Simmonds, 59 V.I. at 504 n.16 — the instant matter does not qualify as “the unusual case in which synergistic or repetitive error violates the defendant’s constitutional right to a fair trial,” given the relatively small number of errors and the fact that many of them actually inured in Joseph’s favor.

2013Even if this Court were inclined to adopt the cumulative error doctrine — which we have not yet done, see Simmonds, 59 V.I. at 504 n.16 — the instant matter does not qualify as “the unusual case in which synergistic or repetitive error violates the defendant’s constitutional right to a fair trial,” given the relatively small number of errors and the fact that many of them actually inured in Joseph’s favor.

12013–2013

Statutes the citing opinions construe

USC § 48u.s.c.1561 (3)

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.

Where else courts name it

OH 763 (1984–2026) WA 493 (1981–2026) CA 282 (1961–2026) TN 276 (2001–2026) KS 247 (1994–2026) NM 222 (1967–2026) UT 194 (1986–2026) ID 183 (1987–2026) CO 143 (1983–2026) MS 136 (1991–2026) TX 132 (1948–2026) GA 106 (1984–2026) NV 99 (1994–2026) FL 98 (1985–2025) KY 89 (2012–2026) OK 76 (1988–2026) NJ 75 (1989–2026) WV 66 (1976–2025) MT 55 (1976–2026) AL 43 (1980–2022) IL 42 (1982–2026) MI 35 (1995–2026) AZ 35 (1966–2026) WY 29 (1991–2025) AR 29 (1994–2025) MN 23 (1989–2026) PA 22 (1979–2026) SC 22 (2005–2026) OR 17 (2000–2026) MA 12 (1996–2025) CT 12 (1980–2021) NE 12 (2002–2026) DE 11 (2014–2025) NC 10 (2014–2026) IA 10 (2017–2025) LA 8 (2009–2024) VI 6 (2012–2013) MD 5 (1999–2022) WI 4 (2003–2022) SD 3 (2019–2026) ME 3 (2013–2024) ND 2 (2013–2013) IN 2 (2009–2018) VT 2 (2017–2018)

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.

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