Gov’t v. Durant – Case Brief Summary (Virgin Islands)

In Gov't v. Durant, 49 V.I. 366 (V.I. 2008), the Court held that the provisions of the Insanity Defense Reform Act, which "establish an extensive legal process for dealing with mentally incompetent defendants charged with or convicted of federal crimes," are substantive federal provisions that cannot be applied to defendants charged in the Superior Court with violations of Virgin Islands law through Superior Court Rule 7, for only the Virgin Islands Legislature has such lawmaking authority. Id. at 373-75.