United States Third Circuit

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Simon v. Government of the Virgin Islands, 09-3616

An order denying a habeas corpus petition is vacated, where: 1) the Appellate Division of the District Court of the Virgin Islands did not err by applying Anders procedures in the habeas context; but 2) the Appellate Division erred by relying on defense counsel's Anders brief as a basis for finding the appeal frivolous, since as found by the Superior court in its certificate of probable cause, there were nonfrivolous claims regarding the improper amendment of the information and an alleged Brady violation.

Appellate Information

  • Decided 05/09/2012
  • Published 05/09/2012

Judges

  • Roth

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Joseph A. DiRuzzo, III, Tiffany V. Monrose

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