Friday, December 21, 2012

Third Circuit -- Timothy Defoe v. Lenroy Phillip

Statutory Certiarori jurisdiciton over the Supreme Court of the Virgin Islands is proper here, given exceptions to final order rule.

Supreme Court of the Virgin Islands may overturn Circuit precedent on matters of territory law that was held prior to its creation, but it must not manifestly err in doing so.

Manifest error is things like internal contradiction or blatantly ignoring plain text of a statute.

The Supreme Court of the Virgin Islands erred, but not manifestly so, as they justified decision under ejustem generis.

Timothy Defoe v. Lenroy Phillip
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.