Supreme Court of the United States · Official docket →
Barry C. Garcia v. North Dakota
Paid petition · Supreme Court of North Dakota, No. 20180316 · judgment May 24, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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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.
Counsel of record
For petitioner
John Robert Mills
Phillips Black, Inc.
For respondent
Birch Peterson Burdick
Cass County State's Attorney
Proceedings
- May 03 2021Petition DENIED.
- Apr 26 2021DISTRIBUTED for Conference of 4/30/2021.
- Apr 22 2021Supplemental brief of petitioner Barry Garcia filed. (Distributed)
- Feb 19 2020DISTRIBUTED for Conference of 3/6/2020.
- Feb 13 2020Reply of petitioner Barry Garcia filed.
- Jan 31 2020Brief of respondent State of North Dakota in opposition filed.
- Jan 08 2020Motion to extend the time to file a response is granted and the time is further extended to and including January 31, 2020.
- Jan 06 2020Motion to extend the time to file a response from January 15, 2020 to January 31, 2020, submitted to The Clerk.
- Dec 10 2019Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
- Dec 06 2019Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
- Nov 14 2019Response Requested. (Due December 16, 2019)
- Nov 06 2019DISTRIBUTED for Conference of 11/22/2019.
- Sep 20 2019Petition for a writ of certiorari filed. (Response due October 25, 2019)
- Jul 22 2019Application (19A85) granted by Justice Gorsuch extending the time to file until September 23, 2019.
- Jul 17 2019Application (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.