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IN THE SUPREME COURT OF THE VIRGIN ISLANDS OPINION OF ...

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Mendez v. Gov’t of the V.I.S.Ct. Civ. No. 2009-0084Opinion of the CourtPage 6 of 15b) Raphael Mendez[] must be returned to the Virgin Islands and tried for his[Virgin Islands] . . . arrest and crimes.c) Raphael Mendez[] situation must be balanced using [United Statesconstitutional] guarantee’s [sic] involving life, liberty and property for bothhimself and a decease[d] named Brad Schnieder [sic] which is in part relatedto Raphael Mendez, [sic] defense for due process of [l]aw.(Civil Appeal Information Sheet at 3) (emphasis omitted). We interpret Mendez’s assertions tomean that he believes the Superior Court had jurisdiction to consider the merits of his Petition forWrit of Habeas Corpus; therefore, it erred when it dismissed his Petition on the basis that itlacked jurisdiction.III.JURISDICTION AND STANDARD <strong>OF</strong> REVIEWThis Court has jurisdiction over appeals from all final judgments, final decrees or finalorders of the Superior Court. V.I. CODE ANN. tit. 4, § 32(a). The Superior Court’s August 18,2009 Order was a final order within the meaning of title 4, section 32(a). Therefore, we havejurisdiction over Mendez’s appeal. A trial court’s conclusions of law in dismissing a petition forwrit of habeas corpus are subject to plenary review. Villot v. Varner, 373 F.3d 327, 331 (3d Cir.2004). A trial court’s findings of fact are reviewed for clear error. Anderson v. Bessemer City,470 U.S. 564, 574 (1985).IV.DISCUSSIONMendez asks this Court to reverse the August 18, 2009 Order of the Superior Courtdenying his Petition for Writ of Habeas Corpus, and to direct the Superior Court to forthwithbring him to trial on his 1990 Virgin Islands criminal charges. (Br. of Appellant 17.) Mendezwas originally charged in a February 27, 1990 Information with the alleged events of February20, 1990. The original Information charged Mendez with Assault in the Third Degree;

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