Federal Case Law says otherwise:
243 F3d 192 United States of America v. Alejandro Jimenez-Nava | OpenJuristNothing in [the] text explicitly provides for judicial enforcement of . . . consular access provisions at the behest of private litigants.
I thought the point was already made that the guy never revealed his immigration status prior to the trial. If that's the case, how would anybody have known to ask if he wants to exercise his right? I think a lot of people would have been screaming if it were found that they asked him if he was illegal or a foreign national based on him being Mexican in appearance...
"Hmmm...Can't decide if I want to watch "Four Houses" or give myself an Icy Hot pee hole enema..." - Blake Shelton
You also continue to ignore the fact that the Supreme Court has ruled on several occasions that failure to notify a non-citizens consulate is not grounds for appeal. If the issue is not brought up during trial, the failure to notify is moot and is not basis for appeal.
Congress has not passed a law to implement the Convention, and required states to abide by it. The treaty is essentially not ratified. We, despite being a signatory state, have not ratified this treaty as a nation. We're even listed as a nation that signed, but has not ratified, the treaty here: Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations - Wikipedia, the free encyclopedia
Despite the so-called "foreign policy implications" the issue has not been important enough for Congress to tackle, despite the fact that the World Court convicted us of violating the treaty seven years ago, so that argument is out the window.
You can't trump a lower court ruling with a treaty that has not gone through the entire ratification procedure, just because the president is trying to change the law.
Last edited by Jeezy; 07-08-11 at 02:36 PM.
Originally Posted by Josie
That he never received Mexican representation has never been open to question and would not have made any difference in the final outcome anyway. The bastardo was guilty as hell and deserved what he got, just later rather than sooner.