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Phipps v. People

Citations

  • 54 V.I. 543
  • 2011 WL 1239863
  • 2011 V.I. Supreme LEXIS 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that self-defense must be disproved by the People once the defendant has placed it into issue
  • noting that the People bear the burden of disproving self-defense beyond a reasonable doubt
  • applying ‘plain error’ standard in reversing conviction because incorrect jury instruction affected defendant’s substantial rights and could adversely affect the integrity of the judicial proceedings
  • “Ordinarily, the standard of review for this Court’s examination of the Superior Court’s application of law is plenary....”
  • “[I]t is well-established ... that when self-defense has been placed in issue, the jury must be instructed ... on that issue.” (emphasis added) (internal quotation marks and citations omitted)
  • a jury may convict a defendant of a lesser- included offense that is not charged in the information when there is a reasonable doubt as to the defendant’s guilt on the greater charge

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabret, Hodge, Swan

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

69 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.