Potter v. People, 2012 V.I. Supreme LEXIS 50

Potter was charged with six counts related to the February 8, 2009 Mandahl Bay shootings in St. Thomas; trial evidence included eyewitness identifications and police photo arrays.
A pretrial suppression hearing addressed the eyewitness identification process; the court denied suppression.
The first trial ended in a mistrial due to a jury deadlock; the court granted a quasi change of venue directing retrial on Saint Thomas from Saint Croix.
At retrial, jurors complained about breakfast and pay; the court conducted individual voir dire and ultimately struck three jurors at the People’s request.
Potter was convicted on two counts of first-degree murder, one count of third-degree assault, and three counts of unauthorized possession of a firearm; sentenced to life without parole for murders and related sentences.
Potter appeals asserting jury partiality, unnecessarily suggestive identifications, improper jury view denial, closing-argument demonstration issues, and double jeopardy concerns related to the retrial process.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by not striking the entire jury panel	Potter argues jurors were biased by dissatisfaction.	People contend no substantial partiality shown.	No abuse; panel impartial evidence sufficient.
Whether the eyewitness photo arrays were unduly suggestive	Potter claims suggestive identification violated due process.	Arrays not unduly suggestive given identical photos and description.	Not unduly suggestive; no due-process violation.
Whether the trial court should have allowed a jury view of Potter's sister's car	Potter sought a physical view to affect credibility.	Record insufficient; issue waived.	Waived; no reversible error.
Whether closing-argument demonstrations shifted the burden of proof	Potter claimed impermissible burden shift.	Demonstration not improper; harmless if any error.	Any error, if present, was harmless.
Whether the retrial after mistrial violated Double Jeopardy because Campbell was not licensed to practice in the Virgin Islands	Retrial decision tainted by improper officer.	Mistrial-right grounds support retrial; no plain error shown.	Retrial did not violate Double Jeopardy.

Biggers v. United States, 409 U.S. 188 (U.S. 1972) (standard for identification reliability, totality of circumstances)
Stevens v. United States, 935 F.2d 1389 (3d Cir. 1991) (two-step test for suggestive identifications; totality of circumstances)
Waldorf v. Shuta, 3 F.3d 705 (3d Cir. 1993) (voir dire and prejudice standard for juror impartiality)
United States v. Resko, 3 F.3d 684 (3d Cir. 1993) (standard for evaluating potential juror prejudice and abuse of discretion)
United States v. Moorhead, 18 V.I. 431 (D.V.I. 1981) (discussion of jury impartiality and trial procedure in Virgin Islands context)