Nicholas v. People
2012 V.I. Supreme LEXIS 48
Supreme Court of The Virgin Is...2012Background
- Gottlieb was killed July 29–30, 2005; Nicholas was Gottlieb’s boyfriend and father of her minor son, D.N.
- Body found in Gottlieb’s apartment with a gunshot to the back of the head; Glock and Gottlieb’s cell phone recovered from the hotel room and scene respectively.
- Police linked Nicholas to the hotel room entry, D.N., and the murder scene; evidence included hotel room entry with a gun present, and Gottlieb’s car and purse found later.
- Nicholas was charged with first-degree murder, unlawful possession of a firearm during a crime of violence, first-degree assault, and unlawful possession of ammunition; suppression motions were denied in part, leading to admission of hotel-room and personal-evidence.
- The jury convicted Nicholas on all counts except the ammunition conviction; the Judgment and Commitment was entered January 10, 2008; Nicholas timely appealed, raising multiple challenges including evidentiary and constitutional issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder | Nicholas contends no premeditation proven | State argues evidence supports premeditation | Evidence supports premeditated murder |
| Sufficiency of evidence for unlawful ammunition possession | State failed to prove authorization to possess ammo | Nicholas relied on statute in effect at time; ammunition charge unsupported | Reversed for unlawful possession of ammunition (conviction vacated) |
| Fourth Amendment suppression of hotel-room and person search | Exigent circumstances did not exist due to eleven-hour gap | Police entry justified by exigent circumstances to protect child witness | Exigent circumstances existed; suppression not warranted (search upheld) |
| Admissibility of certain evidentiary testimony (hearsay/character/lay opinion) | Hearsay and improper character/lay opinions unfairly prejudiced Nicholas | Prosecution misconduct and admissibility contested; errors harmless | Several issues reviewed for plain error; overall, no reversible error given overwhelming evidence of guilt (some errors deemed harmless) |
| Second Amendment challenge to firearm possession statute | § 2253(a) unconstitutional under Heller; requires license with need-based standard | Record insufficient to show license would have been denied or whether disqualifying facts exist | Plain-error review upheld conviction for use of unlicensed firearm; no remand due to lack of record on eligibility |
Key Cases Cited
- Brown v. People, 54 V.I. 496 (V.I. 2010) (premeditation defined; time not sole determinant; deliberation required)
- Rosa v. United States, 399 F.3d 283 (3d Cir. 2005) (premeditation elements; time may vary with circumstances)
- Latalladi v. People, 51 V.I. 137 (V.I. 2009) (standard for sufficiency of evidence; heavy burden on defendant)
- Sampson v. Government of the Virgin Islands, 42 V.I. 247 (D.V.I. App. Div. 2000) (malice aforethought and inferences from use of deadly weapon)
- Francis v. People, 52 V.I. 381 (V.I. 2009) (plain-error review framework; preservation challenges)