Case Summary

Issue:

Whether President Bush exceeded his authority in ordering the State of Texas to comply with an international treaty and must Texas ignore the Constitution and adhere to the treaty in its treatment of criminal defendants?

Plaintiff:

Jose Ernesto Medellín

Defendant:

The State of Texas

Amicus Curiae:

Mountain States Legal Foundation

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Status

Court

U.S. Supreme Court (No. 06-984)

Case History

Mr. Medellín, a citizen of Mexico, was convicted of rape and capital murder of two girls in Texas State court and sentenced to death, which were upheld by the Texas Court of Criminal Appeals. Meanwhile, Mexico took Mr. Medellín’s case to the International Court of Justice (ICJ), which ruled his rights under the Vienna Convention on Consular Relations had been violated. He filed a petition for writ of habeas corpus in Texas federal district court, which denied the petition. On May 20, 2004, the U.S. Court of Appeals for the Fifth Circuit affirmed. On September 20, 2004, Mr. Medellín sought Supreme Court review, which was granted on December 10, 2004.

On February 28, 2005, President Bush determined that the United States would comply with the ICJ ruling; later, the United States withdrew from the Vienna Convention. Oral arguments at the Supreme Court took place on March 28, 2005. On May 23, 2005, the Court dismissed the writ as improvidently granted, in part because of the prospect of relief in state court.

The Texas Court of Criminal Appeals ruled that the Vienna Convention did not apply to the State of Texas and that Mr. Medellín had been given all rights available to him. On January 16, 2007, Mr. Medellín filed a petition for writ of certiorari with the Supreme Court, arguing that the ICJ ruling and Bush’s decision constitute federal law and preempt the Texas procedural statute. This petition was granted on April 30, 2007.

On August 22, 2007, MSLF filed its friend of the court brief in support of the State of Texas. Oral argument was held on October 10, 2007.

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