Mendez v. Government of the Virgin Islands

56 V.I. 194, 2012 WL 220432, 2012 V.I. Supreme LEXIS 7
CourtSupreme Court of The Virgin Islands
DecidedJanuary 18, 2012
DocketS.Ct. Civil No. 2009-0084
StatusPublished
Cited by24 cases

This text of 56 V.I. 194 (Mendez v. Government 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
Mendez v. Government of the Virgin Islands, 56 V.I. 194, 2012 WL 220432, 2012 V.I. Supreme LEXIS 7 (virginislands 2012).

Opinion

OPINION OF THE COURT

(January 18, 2012)

SWAN, Associate Justice.

Raphael Mendez, appearing pro se, appeals the Superior Court’s denial of his pro se Petition for Writ of Habeas Corpus. Mendez’s Petition asks the Superior Court of the Virgin Islands (“Superior Court”) to bring him to trial on territorial criminal charges that were filed against him on February 27, 1990, in the District Court of the Virgin Islands but dismissed on September 29, 1992. Although the underlying territorial criminal charges for which Mendez was originally arrested were dismissed almost two decades ago, Mendez remains civilly committed by an Order of the United States District Court for the Eastern [196]*196District of North Carolina (“District Court of North Carolina”), pursuant to title 18, section 4246 of the United States Code. For the reasons elucidated below, we will affirm the Superior Court and deny Mendez’s appeal because the Superior Court lacks subject matter jurisdiction over Mendez’s Petition for Writ of Habeas Corpus and over his federal civil commitment.

I. FACTS AND PROCEDURAL HISTORY

Based on the sparse record before this Court, the events alleged in the criminal Information underlying this civil case occurred as follows: On February 20, 1990, an assault occurred at a housing project on St. Thomas, U.S. Virgin Islands. (App. at 1.) Several eyewitnesses, including the purported victim, Byron Martin, alleged that Raphael Mendez approached Martin while armed with a sawed-off shotgun. (Id.) It is further alleged that Mendez told Martin that Martin “had taken away his spirit and he wanted it back.” (Id.) Ostensibly, Mendez then fired one shot at Martin, which penetrated the upper right side of Martin’s right leg. (Id.) Thereafter, Mendez allegedly reiterated his request to Martin for the return of Mendez’s spirit, while simultaneously pointing his shotgun at Martin a second time; this time the shotgun was aimed at Martin’s head. (Id. at 1-2.) Mendez argues that he desires to be brought to trial in order to submit evidence that Martin was engaged in “the prohibited practice of spiritualism” and further, to prove that he shot Martin while acting in self-defense. (Br. of Appellant 6.)

On February 27, 1990, the United States Attorney filed a three-count Information in the District Court of the Virgin Islands, which charged Mendez with Count I, Assault in the Third Degree, in violation of title 14, section 297(2) of the Virgin Islands Code; Count II, Possession of a Firearm During the Commission of a Crime of Violence, in violation of title 14, section 2253(a) of the Virgin Islands Code; and Count III, Unlawful Possession of a Sawed-Off Shotgun, in violation of title 14, sections 2253(b) and 2253(d)(2) of the Virgin Islands Code. (App. at 4-5.) Mendez was arraigned the following day. Subsequently, a motion was made requesting a psychological evaluation of Mendez. (Id. at 6.)

After reviewing Mendez’s Mental Health Summary, the District Court of the Virgin Islands held a competency hearing on July 24, 1990, which resulted in a July 30, 1990 Order memorializing its finding that Mendez was competent to stand trial. (Id.) However, on August 2, 1990, the [197]*197District Court granted Mendez’s Motion for Dismissal of Count III, Unlawful Possession of a Sawed-Off Shotgun in violation of title 14, section 2253(b) and 2253(d)(2) of the Virgin Islands Code. On August 20, 1990, Mendez was committed to the custody of the United States Attorney General for another competency and sanity evaluation, thereby prompting his transfer to the Mental Health Division of the Federal Correctional Institution in Butner, North Carolina (“FCI-Butner”).1 (Id.) Additionally, on January 22, 1991 Mendez and the Government of the Virgin Islands stipulated to his return to FCI-Butner. (Id. at 7.)

On January 30, 1991, the Information was amended with a new Count III charging Mendez with Possession of a Firearm by a Felon. Gov’t of the V.I. v. Mendez, Crim. No. 90-43, Civ. No. 92-235, Civ. No. 94-27, Civ. No. 92-80, 1995 WL 458439, at *1 n.l (D.V.I. 1995). At the January 30, 1991 arraignment on the amended charges, the District Court of the Virgin Islands found that Mendez was not competent to be arraigned, whereupon he was returned to FCI-Butner for examination, hospitalization and treatment. (Id.) A psychiatric evaluation of Mendez was filed with the District Court of the Virgin Islands on February 11, 1991. (Id.)

On June 4, 1991, J. T. Hadden, Warden of FCI-Butner (“Warden Hadden”), wrote to the District Court of North Carolina which had committed Mendez to the Mental Health Division of the prison following his transfer to FCI-Butner. Hadden stated that Mendez’s forensic evaluation revealed that he is:

not competent to stand trial and is not likely to regain his competence in the foreseeable future due to mental illness. It is our belief that his release to the community at this time would present a substantial risk of danger to others or the property of others; therefore, we are proceeding under Title 18, U.S. Code, Section 4246(a) to stay his release from custody of the Attorney General until a suitable conditional release plan can be arranged.

(Id. at 8.) A Certificate of Mental Disease or Defect and Dangerousness of even date, signed by Warden Hadden, provided substantially the same information and requested a hearing to determine whether Mendez should [198]*198continue to be committed at FCI-Butner. Relying on this information, and noting that a federal public defender had been appointed to assist Mendez in opposing the Government’s recommendation, the District Court of North Carolina issued an Order filed on July 29, 1991 appointing a doctor to examine Mendez and to review his past medical records. On September 29, 1992, all charges against Mendez in the District Court of the Virgin Islands were dismissed because he was found to be incompetent to stand trial. Mendez, 1995 WL 458439, at *1.

Subsequently, Mendez was granted conditional release.2 However, on November 4, 2002, a revocation hearing was held before the District Court of North Carolina. The federal government recommended that “Mendez’s [conditional [r]elease be revoked based on the ground [that] his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another.” (App. at 13.) At the hearing Mendez challenged the jurisdiction of the District Court of North Carolina to “dismiss territorial . . . charges to impose federal charges[.]” (Id. at 12.) The court summarily denied Mendez’s oral motion without explanation.

On February 6, 2008, Mendez filed a pro se Petition for Writ of Habeas Corpus in the Superior Court. In his Petition, Mendez asked to be returned to the Virgin Islands to testify at a trial on the underlying criminal charges which led to his arrest and, indirectly, to his commitment at FCI-Butner. (Mem. Op. and Order of August 18, 2009 at 1.) Mendez asserts that Parrott v. Gov’t of the V.I., 230 F.3d 615, 43 V.I. 277 (3d Cir. 2000) supports his contention that the Superior Court has jurisdiction to grant his Petition. (Mem. Op.

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Bluebook (online)
56 V.I. 194, 2012 WL 220432, 2012 V.I. Supreme LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-government-of-the-virgin-islands-virginislands-2012.