STATE v. GARCIA

No. 26257.

834 N.W.2d 821 (2013)

2013 S.D. 46

STATE of South Dakota, Plaintiff and Appellee, v. Pablo GARCIA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 26, 2013.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Douglas P. Barnett , Assistant, Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Gina J. Rogers , Aberdeen, South Dakota, Attorney for defendant and appellant.


WILBUR, Justice.

[¶ 1.] Pablo Garcia appeals from the trial court's denial of his motion to re-open and vacate judgment. In applying the principles set forth in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), the trial court determined that the rule announced in the United States Supreme Court's holding in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176...

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