Ostalaza v. People
In Ostalaza v. People, 58 V.I. 531, 548 (V.I. 2013), the Court held that the Superior Court must give a caution-and-care instruction -- urging the jury to "receive the identification testimony with caution and scrutinize it with care" -- if the identification does not satisfy all four of the following factors:
the witness had the opportunity to observe the accused;
the witness is positive in his identification;
the witness's identification testimony is not weakened by a prior failure to identify or by prior inconsistent identification;
after cross-examination, his testimony remains positive and unqualified." 58 V.I. at 562.