SUPERIOR COURT OF THE VIRGIN ISLANDS



DIVISION OF ST. THOMAS AND ST. JOHN



PEOPLE OF THE VIRGIN ISLANDS, )

Plaintiff,



vs, CASE NO. ST-12-CR-320

JIM POWELL, )

Defendant. )

)

MEMORANDUM OPINION



Pending before the Court is the People’s motion for a pre-trial order filed on

December 5, 2012. In the motion, the People request that the Court indicate whether it

intends to give a fourth element of proof to the jury in its jury instructions regarding the

charges Defendant faces under 14 V.I.C. § 924. The People also request that the Court

issue an order defining the elements of the crime of voluntary manslaughter. In addition,

the People request that this Court certify to the V.I. Supreme Court this question of law

regarding the proper elements of the crime of voluntary manslaughter.



In essence, the People request that this Court issue an advisory opinion upon

which they can base an interlocutory appeal. However, this Court may not render

advisory opinions.’



Moreover, interlocutory orders in criminal cases are appealable only in certain

situations. Under 4 V.I.C. § 33(d), the V.I. Supreme Court has jurisdiction over

appealable interlocutory orders in criminal matters involving a decision, judgment, or



order of the Superior Court that (1) “dismiss[es] an indictment or information or



' in Matter of Estate of Paraliticci, No. 29/1999, 2000 WL 689331, at *1 (Terr. Ct. 2000).

_ People of the Virgin Islands v. Powell



ST-12-CR-320



Memorandum Opinion, January 11, 2013



Page 2 of 2



otherwise terminate[s] a prosecution in favor of the defendant, (2) “suppress[es] or

exclude[s] evidence or require[s] the return of seized property in a criminal proceeding,”

(3) “grant[s] the release of a person charged with or convicted of an offense, or den[ies] a

motion for revocation of, or modification of the conditions of, a decision or order

granting release,” and (4) “detain[s] a person charged with or convicted of an offense, or

den[ies] a motion for revocation of, or modification of the conditions of, a decision or

order of detention.” The People’s motion does not request relief under any of the

provisions listed in 4 V.I.C. § 33(d).



Moreover, certification of questions of law is governed by Rule 38 of the Virgin

Islands Supreme Court Rules, which provides that the Supreme Court “may answer

questions of law certified to it by a court of the United States or the court of last resort of

a state, the District of Columbia, or a territory of the United States.” Considering that this

Court is not a court described in Rule 38, this rule is inapplicable.



Accordingly, the People’s motion will be denied. An Order consistent with this



Opinion shall follow.



Dated: January & , 2013 a —



HON. MICHAEL C. DUNSTON

JUDGE OF THE SUPERIOR COURT

OF THE VIRGIN ISLANDS

SUPERIOR COURT OF THE VIRGIN ISLANDS



DIVISION OF ST. THOMAS AND ST. JOHN



PEOPLE OF THE VIRGIN ISLANDS,



)



)



Plaintiff,



)



VS,



) CASE NO. ST-12-CR-320



JIM POWELL,



Defendant.



ORDER



Upon consideration of the premises, it is hereby



ORDERED that the People’s motion for a pre-trial order is DENIED; and it is



ORDERED that a copy of this Order shall be directed to counsel of record.



Dated: January & , 2013



— >



HON. MICHAEL C. DUNSTON



ATTEST: Venetia H. Vel



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JUDGE OF THE SUPERIOR COURT



Clerk



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