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 7/10 Very Good --- www.slate.com http://www.slate.com/blogs/blogs/convictions/rss.aspx
| Slate's blog on legal issues ... |
Wednesday, May 07, 2008 --- 79 days ago http://www.slate.com/blogs/blogs/convictions/archive/2008/05/07/texas-judge-rebu
 Harris County, Texas, Judge Caprice Cosper has set August 5 as the date for execution of José Ernesto Medellín, whose bid for relief the U.S. Supreme Court rejected in a 6-3 decision issued at the end of March.
At issue in Medellín v. Texas was Article 36(b) of the 1963 Vienna Convention on Consular Relations , which requires law enforcement agents to advise noncitizen suspects of their right to contact their consulate (prior posts here ). The enforceability vel non of that article had been the subject of considerable litigation in the United States and in the International Court of Justice. In Medellín -- involving a death row petitioner who, like many persons arrested in the United States for decades after the U.S. joined the treaty regime in, never was advised of his consular-access rights -- the Supreme Court was called upon to consider:
► Did President George W. Bush overstep his constitutional authority by instructing state courts to give to defendants like Medellín "review and reconsider[ation]" of their cases, as mandated by the International Court of Justice in Mexico v. Unit ed States (Avena) (2004)? ► Must a court in the United States honor the United States' treaty obligation by itself enforcing the ICJ's decision?
Both issues having been pressed, the Court decided both. Treating the latter question 1st, Chief Justice John G. Roberts, Jr. answered "No," in an opinion that interpreted precedents ... |
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