· 11/29/1994
Federal Case
Citations
- 42 F.3d 166
- 31 V.I. 317
- 1994 U.S. App. LEXIS 33554
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it was error to instruct the jury that it could find a vessel genuinely stateless “based on an unstructured weighing of the totality of the evidence,” including various indicators of nationality
- noting that by placing the burden of claiming nationality on the vessel's master, Congress alleviated the practical difficulties associated with requiring the Coast Guard to disprove all possible claims of nationality
- refusing the defendants’ invitation to distinguish an earlier case because the precedent was not “materially distinguishable” from the facts at hand
- “By clear implication, ... [the failure to claim nationality] provision applies when the master of a ship flees and leaves no one in charge....”
- “[T]he core of the concept of a vessel that is “without nationality’ or stateless is that the vessel lacks authorization to fly the flag of any recognized state.”
Source: CourtListener parenthetical corpus (CC0).
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.