Jackson-Flavius v. People

57 V.I. 716, 2012 V.I. Supreme LEXIS 89
CourtSupreme Court of The Virgin Islands
DecidedDecember 17, 2012
DocketS. Ct. Criminal No. 2010-0059
StatusPublished
Cited by21 cases

This text of 57 V.I. 716 (Jackson-Flavius v. People) 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
Jackson-Flavius v. People, 57 V.I. 716, 2012 V.I. Supreme LEXIS 89 (virginislands 2012).

Opinion

OPINION OF THE COURT

(May 17, 2011)

Swam, Associate Justice

Appellant, Theodora Jackson-Flavius, appeals her conviction on one count of third-degree assault, an act of domestic violence, in violation of 14 V.I.C. § 297(2) and 16 V.I.C. § 91(b)(1), (2). Jackson-Flavius argues that her conviction should be vacated because: (1) the trial court imparted erroneous final instructions to the jury on elements of a crime for which she was not charged, (2) the People of the Virgin Islands failed to satisfy its burden of proving the absence of self-defense beyond a reasonable doubt, (3) the trial court erred when it allowed the testimony of a lay person on an issue for which expert testimony was required, and (4) the trial court erred when it imposed an illegal split-sentence. We affirm the judgment and sentence of the trial court.

I. FACTS AND PROCEDURAL HISTORY

The facts prompting the issues on appeal are as follows. JacksonFlavius and George Jno-Lewis were involved in an intimate relationship. On March 28, 2010, Jackson-Flavius and Jno-Lewis engaged in a domestic altercation at Jackson-Flavius’ home, that culminated in an injury to Jno-Lewis’ eye. Jackson-Flavius was eventually charged with domestic assault for this event.

[720]*720At trial, Jno-Lewis and Jackson-Flavius gave entirely different accounts of their altercation. Jno-Lewis’ account of the altercation for the prosecution was that after he arrived at Jackson-Flavius’ home, JacksonFlavius asked him about a woman who was in his company on a specific occasion. She then accused him of being mendacious about his relationship with that woman, to whom he had previously given a ride. Jackson-Flavius then proceeded to assault Jno-Lewis with a knife, inflicting a wound near his eye, causing his eye to become swollen and blood to flow from his nose. Additionally, Jackson-Flavius truculently demanded that Jno-Lewis tell her the identity of the woman and warned him that if he socialized with another woman, she would remove his other eye. At trial, Jackson-Flavius gave a different version of the facts surrounding the altercation, contending that after a telephone conversation with Jno-Lewis, she heard a noise inside her house and saw Jno-Lewis run into her kitchen. Jackson-Flavius testified that she asked Jno-Lewis what he was doing and how he got inside her house, and that he responded by demanding to know what other man was sleeping in the house. Jackson-Flavius further testified that after she ordered Jno-Lewis to leave her house, he began to punch her in the stomach and hit her with a broom stick. She claimed that Jno-Lewis brandished a knife and that she then retrieved her own knife from under a pillow. Jackson-Flavius* testified that Jno-Lewis grabbed her and that when she escaped, she then struck him with the knife near his eye, and called the police. After the police interviewed both Jno-Lewis and Jackson-Flavius, and each received medical treatment, Jackson-Flavius was arrested and advised of her rights. The police officers later testified that they based their decision to arrest Jackson-Flavius on their interviews of both individuals, the wounds inflicted upon each, and an investigation into the causes of the state of disarray in Jackson-Flavius’ home immediately following the altercation.

Jackson-Flavius was then charged with third-degree assault. At trial, Jackson-Flavius claimed self-defense in order to rebut the charge of third-degree assault in the context of domestic violence. At the conclusion of the People’s case, the defense made a motion for acquittal under Rule 29 of the Federal Rules of Criminal Procedure and argued that the People did not prove beyond a reasonable doubt the absence of self-defense. The trial court denied the Rule 29 Motion at the conclusion of both the [721]*721People’s case and the defense’s case. The parties never objected to the jury instructions on self-defense as proposed by the trial court.

The trial court thereafter issued final jury instructions, including an instruction on the elements of title 14, section 297(2) of the Virgin Islands Code — assault in the third degree. An instruction on what constituted a “deadly weapon” was also included in the final jury instructions. The jury found Jackson-Flavius guilty of assault in the third degree. The trial court memorialized this verdict in an Amended Judgment dated August 23, 2010. Thereafter, the trial court sentenced Jackson-Flavius to two years imprisonment with all but one day suspended. She was also given credit for one day of time already served in pretrial incarceration and was further sentenced to two years probation. This timely appeal ensued.

II. JURISDICTION AND STANDARD OF REVIEW

“The Supreme Court shall have jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law.” V.I. Code Ann. tit. 4 § 32(a). This appeal emanated from a final judgment of the Superior Court. See, e.g., Potter v. People, 56 V.I. 779, 787 (V.I. 2012) (explaining that in a criminal case, a written judgment embodying the adjudication of guilt and the sentence imposed based on that adjudication constitutes a final judgment for purposes of 4 V.I.C. § 32(a)).

The standard of review for this Court’s examination of the Superior Court’s application of law is plenary, while the trial court’s findings of fact are reviewed for clear error. People v. Thompson, 57 V.I. 342, 348 (V.I. 2012); Berne Corp. v. Gov’t of the V.I., 570 F.3d 130, 138 n.13, 51 V.I. 1253 (3d Cir. 2009). Generally, we review the wording of an instruction for abuse of discretion. United States v. Leahy, 445 F.3d 634, 642 (3d Cir. 2006) (citing United States v. Coyle, 63 F.3d 1239, 1245 (3d Cir. 1995)). However, “in the absence of an objection to a jury instruction, we review for plain error.” United States v. Dobson, 419 F.3d 231, 236 (3d Cir. 2005); see also Williams v. People, 55 V.I. 721, 728 (V.I. 2011). Under the plain error standard, an appellate court may correct an error not raised at trial if it finds 1) an error, 2) that is plain, 3) that affects substantial rights, and 4) if, in its discretion, “ ‘the error seriously affects the fairness, integrity, or public reputation of [the] judicial proceedings.’ ” Dobson, 419 F.3d at 236 (quoting United States v. Haywood, 363 F.3d 200, 206-07, 45 V.I. 800 (3d Cir. 2004)); see also Brown v. People, 56 V.I. [722]*722695, 701 (V.I. 2012). When reviewing a defendant’s challenge of the sufficiency of the evidence in a criminal case, after the verdict of a jury has found him guilty, this Court views all evidence in the light most favorable to the government. Christopher v. People, 57 V.I. 500, 514 (V.I. 2012); Latalladi v. People, 51 V.I. 137, 145 (V.I. 2009);

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Bluebook (online)
57 V.I. 716, 2012 V.I. Supreme LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-flavius-v-people-virginislands-2012.