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Government of the Virgin Island v. Fonseca

Decision vacating murder convictions of defendants reversed; trial judge's refusal to give a specific lawful violence instruction was not error because charge given accurately and adequately explained defense of self and property.

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Argued May 18, 2001

The Government of the Virgin Islands asks us to reverse a decision of the Appellate Division of the District Court of the Virgin Islands vacating the murder convictions of Blanche Finney and Frank Fonseca and remanding for a new trial. We are also asked to review that court’s conclusion that the Attorney General of the Virgin Islands is not empowered to issue subpoenas in a criminal investigation after a defendant has been arrested and charged with a criminal offense.

In their cross-appeal, the defendants argue that the trial court erred in failing to instruct the jury on the legal use of force to: evict a trespasser, preserve the peace, and perform a citizen’s arrest. For the reasons that follow, we hold that the Appellate Division erred in granting a new trial based upon the trial court’s purported failure to give a lawful violence instruction. Accordingly, we need not reach any additional issues or discuss the Appellate Division’s dicta regarding the Attorney General’s subpoena power.

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