G.A.R.B., a minor, was charged with second-degree murder. He challenged his "certification as an adult", which meant that G.A.R.B. would be tried as an adult.

In opposing that certification, counsel for G.A.R.B. argued that FAS was a mitigating factor. The appellate court upheld the decision of the district court that no mitigating factors were present. "[W]hile it has been suspected that G.A.R.B. may have been born with FAS, this diagnosis has never been established." 2004 WL 51814 at *2.