Government of Virgin Islands v. James, No. 79-1903

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBefore ADAMS, MARIS and SLOVITER; PER CURIAM
Citation621 F.2d 588
Decision Date22 April 1980
Docket NumberNo. 79-1903
PartiesGOVERNMENT OF the VIRGIN ISLANDS v. John Winston JAMES, Appellant. . Argued on Appellee's Brief Only

Page 588

621 F.2d 588
GOVERNMENT OF the VIRGIN ISLANDS
v.
John Winston JAMES, Appellant.
No. 79-1903.
United States Court of Appeals,
Third Circuit.
Argued on Appellee's Brief Only April 22, 1980.
Decided May 20, 1980.

John Winston James, pro se.

Hugh P. Mabe, III (argued), Asst. U. S. Atty., St. Thomas, V. I., for appellee.

George H. T. Dudley, Jr., St. Thomas, V. I., for appellant. *

Before ADAMS, MARIS and SLOVITER, Circuit Judges.

Page 589

OPINION OF THE COURT

PER CURIAM.

This is an appeal from a final judgment of the District Court of the Virgin Islands in a criminal case denying the defendant's motion for a new trial. The threshold issue posed is whether we should adjudicate the appeal despite the defendant's escape "from the restraints placed upon him pursuant to the conviction." Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 498, 24 L.Ed.2d 586 (1970) (per curiam).

The appellant, John Winston James, was charged with two counts of rape in the first degree and one count of first degree burglary. V. I. Code Ann. tit. 14, §§ 1701(2) and 442(4). At his arraignment, James pleaded not guilty and demanded a jury trial. During the week immediately prior to the trial, and contrary to the written advice of his counsel, he waived his right to a jury trial. The district court accepted the waiver.

Trial was held on May 7, 1979. The court found James guilty of one count of first degree rape and one count of first degree burglary. The second rape count was dismissed. James filed a pro se motion for a new trial. The district court denied the motion, and sentenced James to seven and one-half years confinement on each count to be served concurrently. James filed a timely notice of appeal. On October 22, 1979, while he was being transferred from his place of incarceration at Golden Grove in St. Croix to Fort Christian in St. Thomas, James escaped.

After concluding that the appeal was without merit, James' counsel filed an Anders brief with this Court on November 14, 1979 and requested leave to withdraw as appellate counsel. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). As required by Anders, the brief included an analysis of the colorably appealable issues. Counsel served the Anders brief, by mailing it to James at his last known address, together with advice that James had the right to file a supplemental brief on the merits by December 31. On February 14, 1980, the prosecution advised the...

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11 practice notes
  • U.S. v. Everett, No. 81-2644
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 28, 1982
    ...F.2d 966, 970-71 (3d Cir.), cert. denied, 454 F.2d 1031, 102 S.Ct. 566, 70 L.Ed.2d 474 (1981); Government of the Virgin Islands v. James, 621 F.2d 588, 589 (3d Cir.1980) (per curiam) (argued on government's brief only); United States v. Pincourt, 159 F.2d 917, 929-30 (3d Cir.1947). A crimin......
  • Republican Party of Pa. v. Cortés, CIVIL ACTION NO. 16–05524
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • November 3, 2016
    ...nature of injunctive relief and the accompanying "heavy burden on a motion for a preliminary injunction" on the Plaintiffs, Punnett , 621 F.2d at 588, that showing is insufficient, for a host of reasons, to demonstrate irreparable harm.iii. The balance of equities also disfavors an injuncti......
  • Lynn v. U.S., No. 02-15521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 14, 2004
    ...v. Puzzanghera, 820 F.2d 25, 27 (1st Cir.1987); United States v. Freelove, 816 F.2d 479, 480 (9th Cir.1987); Virgin Islands v. James, 621 F.2d 588, 589 (3rd Cir.1980); United States v. Sperling, 506 F.2d 1323, 1345 n. 33 (2nd Cir.1974); see also United States v. Vasquez-Gutierrez, 335 F.3d ......
  • Figueroa v. Attorney Gen. U.S., No. 19-1419
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 19, 2021
    ...the doctrine in the criminal context, see United States v. Wright , 902 F.2d 241, 242–43 (3d Cir. 1990) ; Virgin Islands v. James , 621 F.2d 588, 589 (3d Cir. 1980) (per curiam), and in an asset-freeze case, see In re Assets of Martin , 1 F.3d 1351, 1356–57 (3d Cir. 1993). It has further re......
  • Request a trial to view additional results
11 cases
  • U.S. v. Everett, No. 81-2644
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 28, 1982
    ...F.2d 966, 970-71 (3d Cir.), cert. denied, 454 F.2d 1031, 102 S.Ct. 566, 70 L.Ed.2d 474 (1981); Government of the Virgin Islands v. James, 621 F.2d 588, 589 (3d Cir.1980) (per curiam) (argued on government's brief only); United States v. Pincourt, 159 F.2d 917, 929-30 (3d Cir.1947). A crimin......
  • Republican Party of Pa. v. Cortés, CIVIL ACTION NO. 16–05524
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • November 3, 2016
    ...nature of injunctive relief and the accompanying "heavy burden on a motion for a preliminary injunction" on the Plaintiffs, Punnett , 621 F.2d at 588, that showing is insufficient, for a host of reasons, to demonstrate irreparable harm.iii. The balance of equities also disfavors an injuncti......
  • Lynn v. U.S., No. 02-15521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 14, 2004
    ...v. Puzzanghera, 820 F.2d 25, 27 (1st Cir.1987); United States v. Freelove, 816 F.2d 479, 480 (9th Cir.1987); Virgin Islands v. James, 621 F.2d 588, 589 (3rd Cir.1980); United States v. Sperling, 506 F.2d 1323, 1345 n. 33 (2nd Cir.1974); see also United States v. Vasquez-Gutierrez, 335 F.3d ......
  • Figueroa v. Attorney Gen. U.S., No. 19-1419
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 19, 2021
    ...the doctrine in the criminal context, see United States v. Wright , 902 F.2d 241, 242–43 (3d Cir. 1990) ; Virgin Islands v. James , 621 F.2d 588, 589 (3d Cir. 1980) (per curiam), and in an asset-freeze case, see In re Assets of Martin , 1 F.3d 1351, 1356–57 (3d Cir. 1993). It has further re......
  • Request a trial to view additional results

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