Garcia v. Cain

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION ALBERTO JULIO GARCIA PETITIONER v. CIVIL ACTION NO. 1:24-CV-52-HSO BURL CAIN, RESPONDENTS MEMORANDUM OPINION AND ORDER DENYING MOTION TO STAY [31] AND DENYING MOTION TO DISMISS [23] In this capital habeas case, Petitioner Alberto Julio Garcia was convicted of capital murder in the commission of felony sexual battery and sentenced to death in the Circuit Court of Harrison County, Mississippi. After he asked this Court to issue a writ of habeas corpus vacating his conviction and sentence, the State…