Background
MTIP client Katie Garding was wrongfully convicted in 2013 of Vehicular Homicide, based largely on the testimony of an incentivized witness who received leniency in his own criminal case for testifying against her.
At trial, Katie’s attorney relied heavily on the false accusation to prove Katie’s innocence. Although she cross-examined the State’s law enforcement witnesses, who theorized about how Katie’s vehicle was the striking vehicle in the accident, counsel failed to consult an accident reconstruction expert to determine whether it was possible Katie’s vehicle could have been the striking vehicle.
When experts were finally consulted, they determined the State’s theory was not possible.
Thirteen years after her wrongful conviction, on March 23rd, 2023 the Federal District Court ruled in favor of Katie on the issue of Ineffective Assistance of Counsel, and overturned her conviction.
The State appealed that court’s order to the 9th Circuit. Before doing this, however, it went to the State District Court where Katie’s conviction originated and successfully sought an order to vacate her conviction. MTIP filed a cross appeal regarding undisclosed Brady materials as well as motion to dismiss the State’s appeal, arguing that when the State District Court vacated her conviction, the Federal Court’s no longer had jurisdiction to hear the appeal because a Writ of Habeas Corpus is only brought when a person is in custody. When the State voluntarily asked the Court to vacate her conviction, a natural result is that Katie was no longer in the State’s custody.
MTIP filed a Motion to Dismiss the Appeal for Lack of Jurisdiction. In September, pro bono attorney and former board member Lars Phillips presented an oral argument to the 9th Circuit.
Recent Decision
Based on the deference applied to state court decisions on habeas review, the 9th Circuit found it was not unreasonable for the Montana court to hold trial counsel’s performance was not deficient under the first prong of Strickland analysis. See opinion here.
This opinion was met by a vehement dissent (see below).
Reaction to the News
“I was out of the state working in Nebraska when I got the call about the reversal, so it was pretty shocking, because I wasn’t expecting it,” said Katie. “I didn’t know if I was going to be arrested again, or what was going to happen.”
While Katie continues to remain positive navigating new legal challenges, she has also struggled with the uncertainty of the future.
“I know there’s a possibility that I will have to go back on parole, so dealing with that has been mentally challenging for me,” said Katie.
As she awaits the next steps in her fight for innocence, Katie finds hope in support from her family and community.
“MTIP staff, my lawyers, my family and all of the supporters have really helped me to keep going during these difficult times.”
“We are disappointed with this decision,” MTIP Legal Director Caiti Carpenter said. “The dissent says it best, ‘This case is a miscarriage of justice. It is clear from the trial and postconviction record that Garding is innocent.’ Eighteen years ago a man tragically lost his life. Fourteen years ago Katie lost her liberty because a jury believed the State’s theory of guilt, which has been proven impossible. At what time will the State use its significant resources to protect its citizens and find the person responsible for this loss? We maintain hope that our legal system will do what it can to address this grave error.”
MTIP remains committed to Katie’s claim of innocence, and we will continue to pursue any legal mechanisms available to her through the incredible efforts of pro bono counsel.