Government of the Virgin Islands v. Gumbs, 426 F. App'x 90

Gumbs was convicted in Virgin Islands Superior Court on Dec 4, 2002 of first-degree murder and unauthorized possession of a firearm during a crime of violence; the District Court of the Virgin Islands Appellate Division upheld the convictions.
On appeal to the Third Circuit, Gumbs contends ineffective assistance of counsel, Brady-related withholding of information, insufficient evidence, and Confrontation Clause violations.
The Third Circuit reviews de novo Brady issues and plenary sufficiency challenges; it ordinarily does not decide ineffective-assistance claims on direct appeal.
The court eventually affirms the murder conviction, but vacates and remands the firearm possession conviction due to Confrontation Clause concerns over a certificate of non-existence of record (CNR) admitted without opportunity to confront the preparer.
The opinion discusses Crawford and Melendez-Diaz as controlling for confrontational issues, and remands the firearm count for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defense counsel violated Sixth Amendment rights.	Gumbs asserts ineffective assistance due to lack of preparation and conflict.	Gumbs claims counsel was unprepared and conflicted.	Claim fails on direct appeal.
Brady violation regarding Powell records and other impeachment info.	Information about Powell and medical records was suppressed.	Information was available to defense or usable during trial.	No Brady violation; information was available or obtainable.
Sufficiency of the evidence for murder and related counts.	Credibility of Powell damaged; insufficient evidence on causation.	Evidence supports elements beyond a reasonable doubt.	Conviction for first-degree murder affirmed; sufficiency found.
Admission of a certificate of non-existence of record (CNR) under Confrontation Clause.	CNR admitted without opportunity to confront its preparer.	CNR admissible as documentary evidence.	CNR admission violated Confrontation Clause; firearm count vacated and remanded.

Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (due process requires disclosure of favorable impeachment and exculpatory evidence)
Giglio v. United States, 405 U.S. 150 (U.S. 1972) (impeachment evidence included in Brady framework)
Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause applies to testimonial statements)
Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (U.S. 2009) (Certificates of analysis are testimonial; Confrontation Clause applies)
United States v. Pelullo, 399 F.3d 197 (3d Cir. 2005) (Brady not violated where defendant had access to information)
United States v. Johnson, 816 F.2d 918 (3d Cir. 1987) (Brady evidence made available during trial negates violation)
United States v. Voight, 89 F.3d 1050 (3d Cir. 1996) (Plenary review of evidentiary sufficiency; reasonable-doubt standard)