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GOVERNMENT OF VIRGIN ISLANDS v. SCHNEIDER

Civ. No. 1994-0168.

893 F.Supp. 490 (1995)

GOVERNMENT OF the VIRGIN ISLANDS ex rel. Jackson ROBINSON, Petitioner, v. Roy L. SCHNEIDER, in his official capacity as Governor of the Virgin Islands, Alva A. Swan in his capacity as acting Attorney General of the Virgin Islands, Viola Lafong, in her capacity as the Warden of the Bureau of Corrections and Kurt Walcott in his capacity as the acting Director of the Bureau of Corrections, Respondents.

District Court, Virgin Islands, D. St. Thomas and St. John.

April 19, 1995.

Attorney(s) appearing for the Case

Stephen A. Brusch, Asst. Federal Public Defender, St. Thomas, VI, for petitioner.

Queen Terry, Asst. Atty. Gen., Virgin Islands Dept. of Justice, St. Thomas, VI, for respondents.

MEMORANDUM

MOORE, Chief Judge.

This case illustrates the anomalies that develop at the intersection of the single sovereign doctrine, the double jeopardy clause, and the Speedy Trial Act.1 Because we find that the reprosecution of petitioner by the Government of the Virgin Islands ("government") is fundamentally unfair and severely prejudicial to the defendant, we will amend our earlier Order of September 22, 1994 to dismiss...

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