Davis v. People of the Virgin Islands

CourtSupreme Court of The Virgin Islands
DecidedDecember 19, 2023
DocketSCT-CRIM-2022-0115
StatusPublished

This text of Davis v. People of the Virgin Islands (Davis v. People of the Virgin Islands) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. People of the Virgin Islands, (virginislands 2023).

Opinion

For Publication

IN THE SUPREME COURT OF THE VIRGIN ISLANDS JIMMY DAVIS, ) S. Ct. Crim. No. 2022-0115 Appellant/Defendant, ) Re: Super. Ct. Crim. No. 98/2020 (STX) ) v. ) ) PEOPLE OF THE VIRGIN ISLANDS, ) Appellee/Respondent. ) )

On Appeal from the Superior Court of the Virgin Islands Division of St. Croix Superior Court Judge: Hon. Douglas A. Brady

Considered: May 9, 2023 Filed: December 19, 2023

Cite as 2023 VI 16

BEFORE: RHYS S. HODGE, Chief Justice; IVE ARLINGTON SWAN, Associate Justice; and RENEE GUMBS-CARTY, Designated Justice.1

APPEARANCES:

Howard L. Phillips, Esq. Andrew C. Simpson, P.C. St. Croix, U.S.V.I. Attorney for Appellant,

Ian S.A. Clement, Esq. Assistant Attorney General St. Thomas, U.S.V.I. Attorney for Appellee.

OPINION OF THE COURT HODGE, Chief Justice.

1 Associate Justice Maria M. Cabret is recused from this matter; the Honorable Renee Gumbs- Carty has been designated in her place pursuant to title 4, section 24(a) of the Virgin Islands Code. Davis v. People 2023 VI 16 S. Ct. Crim. No. 2022-0115 Opinion of the Court Page 2 of 18

¶1 Appellant Jimmy Davis appeals from the Superior Court’s November 29, 2022 opinion and

order nominally granting, but in effect denying, his motion for modification of bail (hereafter the

“Bail Order”), as well as a second November 29, 2022 order denying his motion to transfer him

from a detention facility on St. Thomas to a detention facility in St. Croix (hereafter the “Transfer

Order”). For the reasons that follow, we reverse the Bail Order but dismiss Davis’s appeal of the

Transfer Order for lack of jurisdiction.

I. BACKGROUND

¶2 On April 6, 2020, the People of the Virgin Islands charged Davis with numerous offenses

stemming from the alleged rape of a minor in her home in St. Croix. Davis appeared for his advice

of rights hearing on April 8, 2020, before a magistrate judge, who set cash bail in the amount of

$1,000,000. On August 11, 2020, Davis filed a motion for modification of bail, which contended

that the bail imposed at the advice of rights hearing had been excessive. The People opposed this

motion on August 17, 2020, on the grounds that Davis was a danger to the community and to

witnesses, as well as a potential flight risk. To support these assertions, the People noted that

Davis had previously been arrested approximately 38 times and convicted for eight offenses, with

many of those arrests occurring while he was on supervised release for other offenses, including

the arrest in the instant case; had been involved in multiple high-speed car chases with the police,

including at the time of his arrest in this case; had threatened witnesses with physical harm in

connection with his other cases; and had a history of violating court orders. The Superior Court

held a hearing on the motion on November 16, 2020, and, apparently believing that Davis may

have been detained in connection with other outstanding criminal matters, denied the motion

without prejudice.

¶3 Davis filed a renewed motion for modification of bail on December 1, 2020, in which he Davis v. People 2023 VI 16 S. Ct. Crim. No. 2022-0115 Opinion of the Court Page 3 of 18

presented evidence reflecting that he was not presently detained in connection with any other

matter and was currently incarcerated solely due to his inability to post the $1,000,000 bail set at

the April 8, 2020 advice of rights hearing. The Superior Court held a hearing on the renewed

motion on December 30, 2020, where the People orally stated that it continued to oppose

modification of bail for the same reasons set forth in its August 17, 2020 opposition to the initial

motion. After hearing arguments, the Superior Court orally denied the renewed motion, holding

that the terms Davis proposed were wholly insufficient to assure his appearance at trial or to protect

the community from physical harm. In issuing that decision, the Superior Court relied in part on

a police report stating that Davis's grandmother—who lived next door to Davis's mother, his

proposed third-party custodian—told the police that she will not allow him to live with her due to

his behavior.

¶4 Davis filed another motion for modification of his bail on March 22, 2021. In this motion,

Davis sought modification for the same reasons set forth in his previous motions, but submitted an

affidavit from his grandmother averring that the statements attributed to her in the police report

were false and that she has no fear or objection to Davis's presence. Again, the People did not

submit a new response to this motion but advised the Superior Court that they continued to oppose

modification of bail for the same reasons set forth in its August 17, 2020 opposition to Davis's

original motion.

¶5 The Superior Court held a hearing on June 14, 2021, at which it orally denied the motion,

again concluding that the terms proposed by Davis were insufficient to assure his future

appearances or to protect the community. The Superior Court subsequently memorialized its

denial of the motion in a written June 17, 2021 order.

¶6 Davis appealed the June 17, 2021 order to this Court, and the matter was ultimately heard Davis v. People 2023 VI 16 S. Ct. Crim. No. 2022-0115 Opinion of the Court Page 4 of 18

as part of the calendar of cases considered on October 12, 2021. Two days later, on October 14,

2021, Davis’s court-appointed counsel—Robert Kuczynski, Esq.—filed an emergency motion

with the Superior Court to withdraw as Davis’s trial counsel, which the Superior Court granted in

an October 15, 2021 order. Shortly thereafter, the Superior Court appointed Charles E. Lockwood,

Esq. as Davis’s court-appointed trial counsel; however, Attorney Lockwood subsequently filed a

motion to withdraw, which the Superior Court granted. Over the course of the next six months,

the Superior Court appointed four attorneys to represent Davis—Lee J. Rohn, Esq.; Kye Walker,

Esq.; Shari D’Andrade, Esq.; Jerry H. Evans, Esq.—all of whom also were eventually permitted

to withdraw. On March 18, 2022, Attorney Evans likewise moved to withdraw as counsel, but

noted that Dwayne Henry, Esq. had agreed to be appointed in his place. The Superior Court

granted the motion, and appointed Attorney Henry to represent Davis at trial.

¶7 On April 1, 2022, this Court issued an opinion which reversed the June 17, 2021 order due

to the Superior Court failing to apply the correct legal standard, in that it appeared to presume the

correctness of the release conditions set by the magistrate judge at the April 8, 2020 advice of

rights hearing and in effect treated Davis’s motion for modification of bail as if it were a motion

for reconsideration. See Davis v. People, 76 V.I. 514 (V.I. 2022).

¶8 After this Court issued its April 1, 2022 opinion, the Superior Court issued an order setting

a hearing on the March 22, 2021 motion for bail modification for May 24, 2022. However,

Attorney Henry filed a motion to withdraw as counsel on May 4, 2022, which the Superior Court

granted. Over the course of the next three months, the Superior Court would appoint—and later

permit to withdraw—Michael J. Jurek, Esq., Scot McChain, Esq., Jeffrey B.C. Moorhead, Esq.,

and H.A. Curt Otto, Esq., as Davis’s counsel. After Attorney Otto withdrew, the Superior Court

issued an August 25, 2022 order appointing Howard Phillips, Esq., who remains Davis’s court- Davis v. People 2023 VI 16 S. Ct. Crim. No.

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