Garcia v. Commissioner of Correction

Opinion

PELLEGRINO, J.

The petitioner, Brandon Garcia, appeals from the summary judgment rendered by the habeas court in favor of the respondent, the Commissioner of Correction. The petitioner claims that the habeas court erred in concluding that the United States Supreme Court’s decision in Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009), does not apply retroactively. We agree with the court that Gant does not apply retroactively to the petitioner’s habeas trial, and affirm the summary judgment.

The jury in the petitioner’s underlying criminal trial reasonably could…