|1:00 pm||Thursday, September 14, 2017|
Barry C. Garcia, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
|Appeal from:||East Central Judicial District, Cass County, Judge Wade L. Webb, 09-2016-CV-00309|
|Nature of Action:||Post-Conviction Relief|
Appellant's Statement of the Issues:|
1. Whether the Court should remand to permit Mr. Garcia to invoke newly enacted provisions for moving to reduce his sentence.
2. Whether the 1996 sentencing court had an adequate record and legal basis for considering the mitigating aspects of youth before concluding Mr. Garcia was among the rare juveniles who were irreparably corrupt.
3. Whether remand to the district court is necessary.
Appellee's Statement of the Issues:
I. Whether the District Court erred by denying Garcia's post-conviction request for a sentencing reduction or parole eligibility.
II. Whether recently enacted House Bill No. 1195 allows Garcia to move for a reduction in his sentence.
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
Listen to recording of oral argument in MP3 format
Generated from Supreme Court Docket on 09/30/2017