Garcia v. State

Docket No. 20180316
Oral Argument: Tuesday, March 26, 2019 10:45 AM

Docket Info

Title
Barry C. Garcia, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2016-CV-00309
East Central Judicial District, Cass County
Wade L. Webb

Parties' Statement of Issues

  • Appellant

    Whether the district erred in ruling that Mr. Garcia does come within the scope of those can use N.D.C.C. § 12.1-32-13.1 to challenge a life without the possibility of parole sentence.

  • Appellee 1

    1. Whether the District Court erred in denying Garcia’s motion for a new trial.
    2. Whether the District Court erred in denying the application of N.D.C.C. §12.1-32-13.1 to Garcia.


Summary

In 1996, Barry Garcia was convicted of murder and sentenced to life in prison without the possibility of parole and the conviction was affirmed on appeal. Garcia then petitioned for writ of certiorari with the United States Supreme Court, which was denied.

In 2016, Garcia filed for post-conviction relief, arguing because he was a juvenile at the time he committed the crime, the Eighth Amendment prohibition against cruel and unusual punishment entitled him to a sentence reduction. The district court denied Garcia’s post-conviction claims, and the denial was affirmed on appeal.

During that appeal, Garcia argued N.D.C.C. § 12.1-32-13.1 should apply retroactively to his sentence. Section 12.1-32-13.1, N.D.C.C., allows defendants who were convicted of an offense committed before they were eighteen years old to request a reduction in their sentence. The statute was enacted after the district court denied Garcia post-conviction relief on January 17, 2017. This Court held the district court must first rule on the statute’s applicability.

Garcia then filed a motion arguing the applicability of N.D.C.C. § 12.1-32-13.1. After arguments, the district court issued an order denying Garcia’s motion and ruling Garcia did not come within the scope of N.D.C.C. § 12.1-32-13.1. On appeal, Garcia argues the district court erred in determining Garcia’s sentence does not fall within the scope of N.D.C.C. § 12.1-32-13.1.


Briefs

Filing Date Description
12/21/2018 APPELLANT BRIEF View
02/21/2019 APPELLEE BRIEF
03/19/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040
AMICUS CURIAE PRIVATE PRACTICE Aubrey Jo Fiebelkorn-Zuger - 06281
AMICUS CURIAE PRIVATE PRACTICE Not Licensed in ND - 00002
AMICUS CURIAE PRIVATE PRACTICE Todd Ervin Zimmerman - 05459
AMICUS CURIAE PRIVATE PRACTICE Benjamin John Hasbrouck - 06107
APPELLANT COURT APPOINTED Not Licensed in ND - 00002
APPELLEE STATE'S ATTORNEY Birch Peterson Burdick - 05026

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 08/16/2018 NOTICE OF APPEAL : 08/16/2018
2 08/16/2018 ORDER FOR TRANSCRIPT : 08/20/2018
3 08/20/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/20/2018 Notice served on Samuel A. Gereszek and Birch P. Burdick
5 09/17/2018 ELEC. RECORD ON APPEAL DATED SEPTEMBER 14, 2018 (ENTRY NOS. 1-83)
6 09/17/2018 ELEC. RECORD ON APPEAL DATED SEPTEMBER 14, 2018 (ENTRY NOS. 1-19, 22-40, 42-49, 51-90, 92-127,
7 09/17/2018 129-175, 178, 180, 215, 225-229, 231-237, 239-259, 261-273)(UNDERLYING CRIMINAL)
8 09/19/2018 AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 19, 2018 (ENTRY NOS. 1-19, 22-40, 42-49, 51-90,
9 09/19/2018 92-127, 129-175, 178, 180, 215, 225-229, 231-237, 239-259, 261-272, 274-275)(UNDERLYING CRIMINAL
10 10/12/2018 ELECTRONIC TRANSCRIPT DATED JUNE 29, 2018 & C.O.S.
11 11/15/2018 MOT. EXT/TIME APPELLANT BRIEF
12 11/15/2018 E-FILED MOTION
13 11/16/2018 ACTION BY CLERK - Granted : 12/21/2018
14 11/16/2018 E-mail indicating no objection to extension of time received from State's Attorney
15 11/26/2018 Affidavit of John R. Mills appearing pro hac vice
16 12/21/2018 APPELLANT BRIEF View
17 12/21/2018 E-FILED BRIEF (PDF)
18 12/21/2018 APPELLANT APPENDIX
19 12/21/2018 E-FILED APPENDIX
20 12/26/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26811)
21 12/21/2018 MOTION FOR LEAVE TO FILE AMICAS CURIAE BRIEF
22 12/21/2018 E-FILED MOTION
23 12/21/2018 AMICUS CURIAE BRIEF View
24 12/21/2018 E-FILED BRIEF (PDF)
25 01/02/2019 ACTION BY CLERK - Granted
26 01/02/2019 Rec'd $25 e-filing surcharge for ACB (receipt #26827)
27 01/03/2019 Rec'd 6 copies of ATB & ATA from CSD
28 01/02/2019 Rec'd non-substantive corrections to ACB
29 01/10/2019 Rec'd 6 copies of ACB from CSD
30 01/10/2019 Motion to Appear Pro Hac Vice and Affidavit of S. Bradley Perkins
31 01/10/2019 E-FILED MOTION
32 01/10/2019 Motion to Appear Pro Hac Vice and Affidavit of Namrata Kotwani
33 01/10/2019 E-FILED MOTION
34 01/11/2019 ACTION BY CLERK (Pro Hac Vice S. Bradley Perkins) - Granted
35 01/11/2019 ACTION BY CLERK (Pro Hac Vice Namrata Kotwani)
36 01/15/2019 MOT. EXT/TIME APPELLEE BRIEF
37 01/15/2019 E-FILED MOTION
38 01/16/2019 ACTION BY CLERK - Granted : 02/21/2019
39 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
40 02/21/2019 APPELLEE BRIEF
41 02/21/2019 E-FILED BRIEF
42 02/25/2019 Rec'd 6 copies of AEB from Central Duplicating
43 02/27/2019 Rec'd $25 surcharge for AEB (receipt #26925)
44 03/06/2019 Request for Radio/TV Coverage
45 03/06/2019 ACTION BY CLERK (Prairie Public Radio) - Granted
46 03/06/2019 MOT. EXT/TIME REPLY BRIEF
47 03/06/2019 ACTION BY CLERK - Granted : 03/14/2019
48 03/14/2019 Rec'd non-compliant RYB; returned for revision (word limit)
49 03/19/2019 REPLY BRIEF View
50 03/19/2019 Rec'd 6 copies of RYB from Central Duplicating