Nibbs v. People

52 V.I. 276, 2009 WL 2601874, 2009 V.I. Supreme LEXIS 38
CourtSupreme Court of The Virgin Islands
DecidedAugust 19, 2009
DocketS. Ct. Crim. No. 2007-113
StatusPublished
Cited by7 cases

This text of 52 V.I. 276 (Nibbs 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
Nibbs v. People, 52 V.I. 276, 2009 WL 2601874, 2009 V.I. Supreme LEXIS 38 (virginislands 2009).

Opinion

OPINION OF THE COURT

(August 19, 2009)

Per Curiam.

The People of the Virgin Islands charged Leslie Nibbs with various offenses stemming from a domestic altercation in which [279]*279Nibbs stabbed his brother with a knife. Nibbs had a history of psychiatric problems, and prior to trial he was evaluated by a psychiatrist. The psychiatrist found that at the time of the stabbing Nibbs suffered from chronic schizophrenic disorder and that “his criminal act was committed in consequence of the mental disorder.” (J.A. at 32.) Nibbs verbally notified the People’s attorney that he intended to assert an insanity defense at trial. Nibbs also filed the psychiatrist’s report with the trial court as part of an “Informational Motion” and served the motion on the People. However, Nibbs never filed a formal written notice under Rule 12.2(a) of the Federal Rules of Criminal Procedure of his intent to assert an insanity defense. Following a bench trial, the Superior Court ruled that Nibbs failed to present timely written notice of his intent to rely on an insanity defense and found him guilty on all counts charged in the Information. Nibbs filed this appeal challenging the sufficiency of the evidence and the trial court’s finding that he did not timely comply with the notice requirements in Rule 12.2(a).1 Because we conclude that, under the unique circumstances of this case, the trial court abused its discretion in rejecting Nibbs’s insanity defense, the judgment of conviction will be reversed.

I. JURISDICTION AND STANDARDS OF REVIEW

This Court has jurisdiction to review the trial court’s Judgment and Commitment pursuant to title 4, section 32(a) of the Virgin Islands Code which provides that “[t]he 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.” We review the Superior Court’s determination that Nibbs failed to provide timely notice of his insanity defense pursuant to Rule 12.2(a) under an abuse of discretion standard. See United States v. Cameron, 907 F.2d 1051, 1057 (11th Cir. 1990); United States v. Cox, 826 F.2d 1518, 1522-23 (6th Cir. 1987) (collecting cases). In considering Nibbs’s assertion that the evidence was insufficient to support his convictions, our standard of review of the trial court’s finding of guilt is the same as when we review convictions based on jury verdicts of guilty: whether the evidence admitted at trial, viewed [280]*280in a light most favorable to the People, would allow a rational trier of fact to find the defendant guilty beyond a reasonable doubt. See Latalladi v. People, 51 V.I. 137, 145 (V.I. 2009); United States v. Kellogg, 510 F.3d 188, 202 (3d Cir. 2007).

II. FACTS AND PROCEDURAL HISTORY

Viewed in a light most favorable to the People, the evidence shows that Nibbs lived with his brother, Larry Nibbs (“Larry”), their mother and a cousin in a four-bedroom house on St. Thomas. On November 18, 2004, the date of the stabbing, Nibbs came home with a bag containing a fetid smelling dead animal.2 When Nibbs deposited the bag in his bedroom, Larry asked him to remove it from the house. Nibbs refused, and when Larry attempted to take the bag out of Nibbs’s room, a struggle ensued. During the struggle, Nibbs stabbed Larry with a knife. When the cousin intervened and attempted to call the police, Nibbs threatened the cousin. Eventually, the cousin took Larry to the hospital, and Nibbs fled from the house. Nibbs was arrested two days later when he returned to the house.

The People charged Nibbs with third degree assault (domestic violence), in violation of title 14, section 297(2) and title 16, section 91(b)(1) and (2) of the Virgin Islands Code; possession of a dangerous weapon, in violation of title 14, section 2251(a)(2); simple assault (domestic violence), in violation of title 14, section 299(2) and title 16, section 91(b)(1) and (2);3 and disturbing the peace (domestic violence), in violation of title 14, section 622(1) and title 16, section 91(b)(1). The Office of the Public Defender was appointed to represent Nibbs. At a pretrial conference held on March 21, 2005, both the People’s attorney and Nibbs’s attorney informed the court that they believed Nibbs “may not be competent to stand trial.” (J.A. at 30.) Nibbs’s attorney stated that he would retain a psychiatrist, Dr. Leighmin J. Lu, (“Dr. Lu”) to conduct a psychiatric evaluation of his client.

Dr. Lu reported his findings in a letter dated April 4, 2005. The letter states:

The inmate Mr. Leslie Nibbs has been under my care intermittently since 1978. He has a total of 13 psychiatric hospitalizationfs] between [281]*2811978 and 1990 under the diagnosis ofparanoid schizophrenia. He was also treated at the Bureau of Correction[s] on several occasions. Presently he is under . . . psychotropic medications .... His symptoms consist[] of delusional thought, bizarre ideation, distortion of reality and auditory hallucination.
Presently, in my opinion, he is considered to be competent to stand trial, however, he was suffering from chronic schizophrenic disorder at the time of [the] alleged criminal offense, and... his criminal act was committed in consequence of the mental disorder.

(J.A. at 32.) On April 5, 2005, Nibbs filed Dr. Lu’s letter with the Superior Court as part of an “Informational Motion” which simply stated that counsel was submitting the attached psychological evaluation of the defendant. The certificate of service indicates that Nibbs served the motion on the People, and a date receipt stamp on a copy of the motion contained in the Joint Appendix reveals that it was received by the Department of Justice on April 6, 2005. In an order entered April 5, 2005, the Superior Court required the People to “advise the Court how they wish to proceed” in light of Dr. Lu’s report. (J.A. at 34.) The court attached a copy of Dr. Lu’s letter to the order, which further stated that the People needed to respond no later than April 22, 2005. It does not appear that the People ever responded to the Superior Court’s April 5, 2005 order.

On September 2, 2005, the Superior Court held a pretrial conference. At the conference Nibbs waived his right to a jury trial and verbally informed the court and the People that he intended to assert an insanity defense at trial. On October 7,2005, immediately preceding the scheduled bench trial, the People’s attorney recounted the events of the pretrial conference, reporting to the judge:

Your Honor, the Court and the People were advised at our last pretrial conference that the defendant in this matter wished to proceed with a[n]... insanity defense to the charges that were filed against him in these matters. We had discussed with [defense counsel] that the Government, after being made aware that Dr. Lu would have been absent for this trial, we agreed, Your Honor, that we would stipulate to any psychiatric evaluations if the defense would also stipulate to the medical records of the victim.

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Bluebook (online)
52 V.I. 276, 2009 WL 2601874, 2009 V.I. Supreme LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nibbs-v-people-virginislands-2009.