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Thread: Mexican national executed in Texas

  1. #101
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    Did Texas inform him he had the right? That is part of the treaty.

    Sign AND ratify... The Senate plays a role as well...

    And Texas breached Article VI of the Constitution...
    Great idea !!! Let's require all law enforcement to read prisoners their Miranda rights, the Bill of Rights, and each and every treaty we've ever signed.

    That'll speed up the justice system........

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    Re: Mexican national executed in Texas

    Quote Originally Posted by Camlon View Post
    They didn't know he was a Mexican and he has lived here since he was 2 years old.
    .... sorry... what else is he supposed to be?
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  3. #103
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And normally I would actually be sympathetic with such an argument, except that treaty commitments trump state law in this case...
    Evidently not. The Supreme Court didn't seem to think so.

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  4. #104
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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    The right to contact a foreign consulate is in the Constitution?
    I have to assume he's referring to the portion about recognizing all treaties....
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    Re: Mexican national executed in Texas

    Quote Originally Posted by DrunkenAsparagus View Post
    We signed and ratified a treaty. The Constitution says that is the law of the land. It's not a loss of sovereignty as many would claim, because our government chose to ratify it. He was denied due process as he would need his foreign consulate. If you were in another country and denied your country's legal support, would you consider that a fair trial?
    Oops, wrong link, apparently.
    Last edited by tessaesque; 07-08-11 at 10:14 AM.
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    Yes, he deserved to die by all accounts, but Texas should have done it the correct way.
    Assuming it's true that Texas did not know he was a foreign national until well after his case was tried and appealed, how do you think they should have gone about it?

  7. #107
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    Re: Mexican national executed in Texas

    Quote Originally Posted by justabubba View Post
    but the salent point is there is an affirmative obligation by the state to notify the arrested individual of their rights
    it appears tejas failed to do so, resulting in a flawed judicial process
    Ok, just read the Supreme Court opinion on it's denial to stay the execution.

    http://www.supremecourt.gov/opinions/10pdf/11-5001.pdf

    It briefly mentions the consulate issue, but says that that error was found to be harmless. That means, it made no difference to the outcome of the case.
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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    Ok, just read the Supreme Court opinion on it's denial to stay the execution.

    http://www.supremecourt.gov/opinions/10pdf/11-5001.pdf

    It briefly mentions the consulate issue, but says that that error was found to be harmless. That means, it made no difference to the outcome of the case.
    here is my post from another thread on this execution without due process issue:
    note that Judge Stevens, recognizing that the law does not compel recognition of this treaty (because its implementation had not been properly effected by regulation), finds that ability to ignore the treaty undermines the interests of our nation
    On the other hand, the costs of refusing to respect theICJ’s judgment are significant. The entire Court and the President agree that breach will jeopardize the United States’ “plainly compelling” interests in “ensuring thereciprocal observance of the Vienna Convention, protecting relations with foreign governments, and demonstrating commitment to the role of international law.” Ante, at
    28. When the honor of the Nation is balanced against the modest cost of compliance, Texas would do well to recognize that more is at stake than whether judgments of the ICJ, and the principled admonitions of the President of the United States, trump state procedural rules in the absence of implementing legislation.
    The Court’s judgment, which I join, does not foreclose further appropriate action by the State of Texas.
    they had the right to prosecute but was it right to prosecute. the affirming Judge thinks no
    Stevens refused to be an activist Judge, but he recognized the wrong in proceeding in violation of the treaty

    (page 49) http://www.supremecourt.gov/opinions/07pdf/06-984.pdf
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  9. #109
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    Re: Mexican national executed in Texas

    Quote Originally Posted by justabubba View Post
    but the salent point is there is an affirmative obligation by the state to notify the arrested individual of their rights
    it appears tejas failed to do so, resulting in a flawed judicial process
    Yes, we have an obligation under our treaty committment to notify the consulate, but foreign nationals do not have a judicially enforceable right to consular access.

  10. #110
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    Re: Mexican national executed in Texas

    Quote Originally Posted by justabubba View Post
    here is my post from another thread on this execution without due process issue:
    It an overstatement to say that this person was executed without due process. Why do I get the feeling no amount of due process would be enough for you. Isn't all this really just a case of opposing the death penalty?
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