Moot
competition pits high school students
Ft.
Hood – Apprehended by state authorities for possession of a small
amount of marijuana - less than two grams - Juan Garcia entered a
guilty plea in state court, and languished behind bars for 7 months
on an immigration detainer.
He
petitioned the Fifth U.S. Circuit Court of Appeals for his release on
a writ of habeas corpus, but the government appealed the decision to
the U.S. Supreme Court because of concerns for the safety of the
public.
Mr.
Garcia did not receive any renumeration for the controlled substance,
therefore, his attorneys argued, he deserves to be set free while the
U.S. Immigration Court decides his fate.
The
weighty issue involved less than 2 grams of marijuana. High School
students participating in the final round of the Law Day Moot Court
Contest sponsored by the III Corps Judge Advocate General's Office at
Ft. Hood argued the case before a panel of judges representing the
high court – Coryell County District Attorney Dusty Boyd, Bell
County District Attorney Henry Garza, U.S. Magistrate Judge Jeffrey
Manske, Assistant District Attorney Anne Jackson and 264th
State District Court Judge Martha Trudo.
As
the argument unfolded, the judges asked provocative questions
involving why the issue belonged before the nation's highest court,
if it didn't really involve ineffectivity of counsel, or why a
6-month limit on a detainer involving a minor misdemeanor case should
be observed in any case, as dictated by precedent in a previous
holding.
Why
should the government seek to keep Mr. Garcia behind bars?
The
answer: Immigrants who arrived in the Mariel boat lift were released
from immigration detainers following 6 months behind bars, and they
soon presented a threat to the communities of South Florida.
The
respondents argued that their client, Mr. Garcia, had been an illegal
resident of the U.S. for many years, since he arrived in America at 8
years of age.
Is
Juan Garcia a flight risk? No.
Why?
His mother is elderly, in poor health, an invalid. What about the
government's opinion? He might likely flee into a large city, where
it would be difficult for ICE agents to apprehend him.
Why
didn't Mr. Garcia defend himself against the charge of marijuana
possession? Because it was the burden of the state to prove his
culpability. It's a matter of the law - the due process clause of the Fifth Amendment.
He did not contest the charge; therefore, he removed any need for the state to prove its case against him, his advocates argued.
In
each case, the students quoted real case law they briefed for the
appeal as advocates for either the petitioners, The People of the
United States of American, or the respondent, Juan Garcia.
When
the Court handed down its judgment, the students from Copperas Cove,
who represented the government, had won. Mr. Garcia would remain in
jail until his immigration case reached a final resolution.
Said
Colonel Stuart Riesch, commanding officer of the III Corps Judge
Advocate General's Office, “It's the second year we've done this,
and we've had a fantastic response. Local attorneys want to get
involved as mentors, tutors, coaches – on many levels and for all
the right reasons.”
Law
Day, May 1, was first proclaimed by President Dwight D. Eisenhower in
honor of the rule of law and its importance in the lives of all
Americans.
Click
here to listen to an edited audio recording of the arguments
presented by the students:
https://soundcloud.com/the-legendary/law-day-moot-court-at-ft-hood
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