Case Summary
Issue:
Whether the U.S. Supreme Court should apply international law in such a manner as to accord foreign citizens greater access to the courts of the land than is accorded citizens of this country?
Plaintiff:
Jose Ernesto Medellin
Defendant:
Doug Dretke, Director, Texas Department of Criminal Justice, Institutional Division
Amicus Curiae:
Mountain States Legal Foundation filed its friend of the court brief on February 28, 2005, urging the Court not to apply international law, which conflicts with U.S. Supreme Court precedent.
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Case History
Mr. Medellin, a citizen of the United States of Mexico, was convicted of rape and capital murder of two girls in Texas state court and sentenced to death. His conviction and sentence was upheld by the Texas Court of Criminal Appeals. Meanwhile, the Government of Mexico took Mr. Medellin’s case to the International Court of Justice, which ruled that Mr. Medellin’s rights under the Vienna Convention on Consular Relations had been violated. He filed a petition for writ of habeas corpus in the U.S. District Court for the Southern District of Texas, which denied the petition. On May 20, 2004, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s decision and held that Mr. Medellin’s claim of a violation of the Vienna Convention was either (1) procedurally defaulted; and/or (2) could not be enforced by him. On September 20, 2004, Mr. Medellin sought Supreme Court review. The U.S. Supreme Court agreed to review the decision of the U.S. Court of Appeals for the Fifth Circuit on December 10, 2004. Oral arguments took place on March 28, 2005.