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SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, ) Plaintiff, vs, CASE NO. ST-12-CR-320 JIM POWELL, ) Defendant. ) ) MEMORANDUM OPINION Pending before the Court is the People’s motion for a pre-trial order filed on December 5, 2012. In the motion, the People request that the Court indicate whether it intends to give a fourth element of proof to the jury in its jury instructions regarding the charges Defendant faces under 14 V.I.C. § 924. The People also request that the Court issue an order defining the elements of the crime of voluntary manslaughter. In addition, the People request that this Court certify to the V.I. Supreme Court this question of law regarding the proper elements of the crime of voluntary manslaughter. In essence, the People request that this Court issue an advisory opinion upon which they can base an interlocutory appeal. However, this Court may not render advisory opinions.’ Moreover, interlocutory orders in criminal cases are appealable only in certain situations. Under 4 V.I.C. § 33(d), the V.I. Supreme Court has jurisdiction over appealable interlocutory orders in criminal matters involving a decision, judgment, or order of the Superior Court that (1) “dismiss[es] an indictment or information or ' in Matter of Estate of Paraliticci, No. 29/1999, 2000 WL 689331, at *1 (Terr. Ct. 2000). _ People of the Virgin Islands v. Powell ST-12-CR-320 Memorandum Opinion, January 11, 2013 otherwise terminate[s] a prosecution in favor of the defendant, (2) “suppress[es] or exclude[s] evidence or require[s] the return of seized property in a criminal proceeding,” (3) “grant[s] the release of a person charged with or convicted of an offense, or den[ies] a motion for revocation of, or modification of the conditions of, a decision or order granting release,” and (4) “detain[s] a person charged with or convicted of an offense, or den[ies] a motion for revocation of, or modification of the conditions of, a decision or order of detention.” The People’s motion does not request relief under any of the provisions listed in 4 V.I.C. § 33(d). Moreover, certification of questions of law is governed by Rule 38 of the Virgin Islands Supreme Court Rules, which provides that the Supreme Court “may answer questions of law certified to it by a court of the United States or the court of last resort of a state, the District of Columbia, or a territory of the United States.” Considering that this Court is not a court described in Rule 38, this rule is inapplicable. Accordingly, the People’s motion will be denied. An Order consistent with this Opinion shall follow. Dated: January & , 2013 a — HON. MICHAEL C. DUNSTON JUDGE OF THE SUPERIOR COURT OF THE VIRGIN ISLANDS SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, ) ) Plaintiff, ) VS, ) CASE NO. ST-12-CR-320 JIM POWELL, Defendant. ORDER Upon consideration of the premises, it is hereby ORDERED that the People’s motion for a pre-trial order is DENIED; and it is ORDERED that a copy of this Order shall be directed to counsel of record. Dated: January & , 2013 — > HON. MICHAEL C. DUNSTON ATTEST: Venetia H. Vel Pquez, sq JUDGE OF THE SUPERIOR COURT Clerk of Cou OF THE VIRGIN ISLANDS VY 4a Ly Tyson Court Clerk Supervisor Li (Oy