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Thread: Mexican national executed in Texas

  1. #71
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Degreez View Post
    No it does not. Do you know anything about law at all? Because you are doing a great job displaying that you don't.
    If he was warned he had the right to contact the consulate (and I don't know if he was or wasn't) but didn't, then he waived that right. Will you concede this?
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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    Well that's bullsh!t. Besides, I thought it was a bad thing for law enforcement to look into someone's immigration status. Do you support the AZ immigration law now?
    No, it's a bad thing to require all residents to have proof of their citizenship at all times.

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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    If he was warned he had the right to contact the consulate (and I don't know if he was or wasn't) but didn't, then he waived that right. Will you concede this?
    Yes, because he would have been informed of that right.

    He was not informed of that right, and therefore did not waive his right to legal counsel from Mexico.

  4. #74
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Degreez View Post
    No, it's a bad thing to require all residents to have proof of their citizenship at all times.
    Ok then. If he kept his immigration status to himself, that's on him.
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  5. #75
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Degreez View Post
    Yes, because he would have been informed of that right.

    He was not informed of that right, and therefore did not waive his right to legal counsel from Mexico.
    Ok, now show me where he was not informed of his rights.
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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    Ok, now show me where he was not informed of his rights.
    Texas Urged To Stop Mexican National's Execution : NPR

    He found out it was his right to seek legal counsel from Mexico at the time of his arrest from a prison inmate.

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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    Failing to exercise his rights has the effect of waiving them. It wasn't important enough for him to even bring it up it trial, so apparently, the defense was not all that concerned about it.
    wrong
    you are aware that people are discharged from arrest because they were not provided notice of their miranda rights
    clearly they did not exercise them, because it was that failure to exercsise them, caused by the failure of law enforcement to disclsoe them, that results in their release
    try again
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  8. #78
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    Re: Mexican national executed in Texas

    Quote Originally Posted by Degreez View Post
    Texas Urged To Stop Mexican National's Execution : NPR

    He found out it was his right to seek legal counsel from Mexico at the time of his arrest from a prison inmate.
    Huummmm, I'd be interested in knowing how his conviction/sentence was upheld over numerous appeals. Admittedly, I don't know what the standard of review is on something like this. It could be like a speedy trial issue, where you don't get to claim your right to a speedy trial unless you've asked for a trial in the first place.
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    Re: Mexican national executed in Texas

    Quote Originally Posted by justabubba View Post
    wrong
    you are aware that people are discharged from arrest because they were not provided notice of their miranda rights
    clearly they did not exercise them, because it was that failure to exercsise them, caused by the failure of law enforcement to disclsoe them, that results in their release
    try again
    No, Miranda has nothing to do with the initial and continued detention of someone (that's a whole other line of cases). Miranda has only to do with statements made to police by the defendant. If a cop fails to give Miranda warnings, then statements he makes can be surpressed. Now, a guy could walk if his statements are surpressed, but the state could continue to detain and prosecute him if they have other evidence of his guilt.
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    Re: Mexican national executed in Texas

    Quote Originally Posted by X Factor View Post
    No, Miranda has nothing to do with the initial and continued detention of someone (that's a whole other line of cases). Miranda has only to do with statements made to police by the defendant. If a cop fails to give Miranda warnings, then statements he makes can be surpressed. Now, a guy could walk if his statements are surpressed, but the state could continue to detain and prosecute him if they have other evidence of his guilt.
    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
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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