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GOVERNMENT OF VIRGIN ISLANDS v. THOMAS

No. CIV.A.2004-34.

341 F.Supp.2d 531 (2004)

In re: GOVERNMENT OF THE VIRGIN ISLANDS, Petitioner, v. Hon. Audrey L. THOMAS, Nominal Respondent, and Wade Gumbs, Respondent.

District Court, Virgin Islands, Appellate Division. D. St. Thomas.

Filed: October 5, 2004.

Attorney(s) appearing for the Case

Maureen Phelan, Esq., St. Thomas, VI, for Petitioner.

Verne A. Hodge, Jr., St. Thomas, VI, for Nominal Respondent.

Arturo J. Watlington, Esq., St. Thomas, VI, for Respondent.

Before: RAYMOND L. FINCH, Chief Judge of the District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and EDGAR D. ROSS, Judge of the Territorial Court of the Virgin Islands, Division of St. Croix, Sitting by Designation.

MEMORANDUM

PER CURIAM.

I. INTRODUCTION

The Government requests that this Court grant a petition for writ of mandamus directing the trial court to dismiss two related criminal cases without prejudice. We will issue the writ for the reasons that follow.

II. FACTUAL AND PROCEDURAL BACKGROUND

On February 8, 2002, the government alleges that the respondent Wade Gumbs entered a house at Nye Nordsidevej and shot...

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