Legal Opinion

State v. Garcia

North Dakota Supreme Court

Decided April 1, 1997No. Criminal 960180PublishedCited by 25 opinions

1Opinion of the Court

MESCHKE, Justice.

[¶ 1] Barry Caesar Garcia appeals a jury verdict and a criminal judgment finding him guilty of murder and aggravated assault, and sentencing him to life imprisonment without parole. We affirm.

[¶ 2] In a residential neighborhood in West Fargo on November 15, 1995, near 10:30 p.m., a short, young man walked up to the front passenger door of a car where Pat and Cherryl Tendeland were in the front seat, and Connie Guler, their friend, was in the backseat. From close to nine inches, the young man fired a sawed-off shotgun through the front passenger window, wounding Pat and…

2Cases cited47 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Eddings v. OklahomaSupreme Court of the United States · 1982
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Beck v. AlabamaSupreme Court of the United States · 1980

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3Cited by25 opinions

  1. Commonwealth v. CohenMassachusetts Supreme Judicial Court · 2010
  2. State v. SteinbachNorth Dakota Supreme Court · 1998
  3. Garcia v. StateNorth Dakota Supreme Court · 2004
  4. State v. AllenSupreme Court of Connecticut · 2008
  5. Barry Caesar Garcia v. Leann K. Bertsch, Director of the North Dakota Department of CorrectionsCourt of Appeals for the Eighth Circuit · 2006

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