Attorney Paula D. Norkaitis, Senior Litigation Counsel in the Tom Bolt & Associates, P.C. Litigation Practice Group, recently was successful in arguing a case for the principle of abatement with regard to criminal convictions in the U.S. Virgin Islands.
Norkaitis had represented defendant, Edwardo Carmona, Jr., who was convicted at trial of first degree murder by a jury before the Honorable Michael Dunston. Carmona was sentenced to life imprisonment on April 4, 2008.
Within a week of his sentencing, Norkaitis filed a timely notice of appeal and appealed the judgment against Carmona and his conviction. Carmona was fatally shot during an escape from prison on September 21, 2008. Subsequently, Attorney Norkaitis filed a motion with the U.S. Virgin Islands Supreme Court asking the Court to vacate Carmona’s convictions on the legal principle of abatement. The U.S. Virgin Islands Supreme Court granted Attorney Norkaitis’ motion to vacate defendant’s convictions stating: