Barry Caesar Garcia, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee

Summary

The North Dakota Supreme Court affirmed the district court’s denial of Garcia’s post‑conviction relief applications, holding that his trial counsel’s performance during voir dire, witness sequestration, response to alleged juror misconduct, and sentencing investigation did not fall below the objective standard of reasonableness and that Garcia was not prejudiced. The Court also affirmed the dismissal of his second application as a misuse of process because the issues should have been raised in the first petition.