Government of the Virgin Islands v. Ralph Mark Joseph

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-3766
GOVERNMENT OF THE VIRGIN ISLANDS
v.
RALPH MARK JOSEPH,
Appellant
On Appeal from the District Court of the
Virgin Islands (St. Thomas)
D.C. Criminal No. 00-cr-00044
District Judges: Raymond L. Finch, Chief Judge and
Thomas K. Moore
Territorial Judge: Patricia D. Steele
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 29, 2003
Before: Roth, McKee & Cowen, Circuit Judges
Date Filed: June 11, 2003
OPINION OF THE COURT
PER CURIAM
Ralph Mark Joseph appeals from the order of the territorial court of the Virgin
Islands, Division of St. Thomas and St. John that was entered on September 19, 2002.
Joseph was convicted on counts VII, VIII, IX, XIII, XIV. Ruth Ann Magnuson, Esquire,
counsel for Joseph, has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967)
in which she certifies that, based upon her conscientious review of the record there are
only two issues of arguable merit. She calls to our attention the issue of whether or not

-- 1 of 2 --

2
the trial court erred in denying Joseph’s motion for leave to have a witness examined by a
psychologist or psychiatrist, and whether there was sufficient evidence to convict Joseph
on the aforementioned counts. We agree that pursuant to our holding in Government of
the Virgin Islands v. A. Leonard, 922 F.2d 1141 (3d Cir. 1991), the trial court did not err
in denying trial counsel’s motion to have the victim examined in this case. We also agree
that the evidence was clearly sufficient to convict Joseph on each of the aforementioned
counts. Accordingly, there are no meritorious issues for appeal, and we will affirm, and
grant counsel’s motion to withdraw pursuant to Anders.

-- 2 of 2 --