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LEDESMA v. GOVERNMENT OF VIRGIN ISLANDS

No. CR. APP.1996/080.

159 F.Supp.2d 863 (2001)

Felipe LEDESMA Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

District Court, Virgin Islands, St. Croix Division.

As Amended August 29, 2001.

Attorney(s) appearing for the Case

Jacqueline Warner Mills, St. Croix, VI, for Appellant.

Carol S. Moore, Virgin Islands Dept. of Justice, St. Thomas, VI, for Appellee.

Before: RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and VERNE A. HODGE, Presiding Judge of the Territorial Court of the Virgin Islands, Sitting by Designation.

OPINION OF THE COURT

FINCH, Chief Judge.

Felipe Ledesma ("appellant" or "Ledesma") appeals his conviction on one count of aggravated rape and two counts of unlawful sexual contact with a minor child on Fifth Amendment grounds. The following issues are presented on appeal: 1) Whether a statement to police and the waiver of rights may be deemed voluntary and knowing and, therefore, valid, where appellant...

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