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RABESS v. GOVERNMENT OF VIRGIN ISLANDS

D.C. Crim. App. No. 92-40. T.C. Civ. No. F160/1991.

868 F.Supp. 777 (1994)

Doralph B. RABESS, Appellant, v. GOVERNMENT OF the VIRGIN ISLANDS, Appellee.

District Court, Virgin Islands, St. Thomas and St. John, Appellate Division.

Decided October 6, 1994.

Attorney(s) appearing for the Case

Victor Schneider, Territorial Public Defender, Charlotte Amalie, St. Thomas, VI, for appellant.

Darlene Grant, Asst. Atty. Gen., V.I. Dept. of Justice, Paul Gimenez, Sol. Gen., Attorney's Gen. Office, Lori Gilmore, Charlotte Amalie, St. Thomas, VI, for appellee.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RICHARD P. CONABOY, Senior Judge of the United States District Court for the Middle District of Pennsylvania, Sitting by Designation; and MARIA M. CABRET, Judge of the Territorial Court of the Virgin Islands, St. Croix Division, Virgin Islands, Sitting by Designation.

OPINION OF THE COURT

MOORE, Chief Judge.

This matter came before the Court on appeal by Doralph Rabess seeking to reverse a judgment and conviction of the Territorial Court. Appellant appeals the failure of the court (1) to inform the jury that specific intent is a required element of robbery; (2) to instruct the jury properly regarding the Government's burden to disprove that defendant acted in self-defense; and (3) to merge the convictions for the lesser...

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