No. 19-399
Barry C. Garcia v. North Dakota
Tags: discretionary-sentencing juvenile-offenses juvenile-offenses-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana parole resentencing-hearing sentencing
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference:
2021-04-30
(distributed 3 times)
Question Presented (AI Summary)
Whether the constitutional standard announced in Miller v. Alabama applies only to mandatory sentences
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Whether the constitutional standard announced in Miller v. Alabama, 567 U.S. 460 (2012),—that sentences of life without the possibility of parole for juvenile offenses must be limited to “the rare juvenile offender whose crime reflects irreparable corruption”—is limited to mandatory sentences. 2. Whether, when a juvenile was originally sentenced before Miller, the state must either determine that the juvenile may constitutionally be sentenced to life without the possibility of parole or provide an opportunity to be considered for parole. i STATEMENT OF
Docket Entries
2021-05-03
Petition DENIED.
2021-04-26
DISTRIBUTED for Conference of 4/30/2021.
2021-04-22
Supplemental brief of petitioner Barry Garcia filed. (Distributed)
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-13
Reply of petitioner Barry Garcia filed.
2020-01-31
Brief of respondent State of North Dakota in opposition filed.
2020-01-08
Motion to extend the time to file a response is granted and the time is further extended to and including January 31, 2020.
2020-01-06
Motion to extend the time to file a response from January 15, 2020 to January 31, 2020, submitted to The Clerk.
2019-12-10
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
2019-12-06
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-14
Response Requested. (Due December 16, 2019)
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-09-20
Petition for a writ of certiorari filed. (Response due October 25, 2019)
2019-07-22
Application (19A85) granted by Justice Gorsuch extending the time to file until September 23, 2019.
2019-07-17
Application (19A85) to extend the time to file a petition for a writ of certiorari from August 22, 2019 to September 21, 2019, submitted to Justice Gorsuch.
Attorneys
Barry Garcia
John Robert Mills — Phillips Black, Petitioner
John Robert Mills — Phillips Black, Petitioner
State of North Dakota
Birch Peterson Burdick — Cass County State's Attorney, Respondent
Birch Peterson Burdick — Cass County State's Attorney, Respondent