U.S. court to decide case of Mexican on death row

Lawyer Blogs

[##_1L|1029053113.jpg|width="130" height="98" alt=""|_##]The U.S. Supreme Court said on Monday it would decide whether President George W. Bush had the authority to direct a state court to comply with an international tribunal's ruling in the case of a Mexican on death row in Texas. The justices agreed to review a decision by the Texas Court of Criminal Appeals that concluded Bush had exceeded his constitutional authority by intruding into the independent powers of the judiciary.

The case involved Jose Medellin, who was denied the right to meet with a consular officer from Mexico after his arrest for murder.

The World Court in The Hague in 2004 ordered the United States to review the cases of Medellin and 50 other Mexican death row inmates because U.S. officials failed to tell them of their right under the Vienna Convention to talk to consular officers immediately after their arrests.

Bush in 2005 decided to comply with the World Court's ruling and he directed state courts to review the 51 cases to determine whether the violation of their rights caused the defendants any harm at trial or at sentencing.

Bush's action caused the Supreme Court to dismiss an earlier appeal by Medellin without deciding the merits of the dispute and to send the case back to the Texas courts.

After losing before the Texas Court of Criminal Appeals, Medellin's attorneys again appealed to the Supreme Court. They said the Texas court has put the United States in violation of its undisputed treaty obligations.

Bush administration attorneys supported Medellin's appeal. They said Bush acted within his authority and that the Texas court invalidated a presidential action "on a matter of international importance."

Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston. The brutal killings stemmed from a gang initiation.

Lawyers for the state opposed the appeal. They said Bush exceeded his authority and that he cannot pre-empt Texas criminal law.

The Supreme Court will hear arguments and decide the case during its upcoming term that begins in October.

Related listings

  • UGA settles harassment lawsuit involving athletes

    UGA settles harassment lawsuit involving athletes

    Lawyer Blogs 04/28/2007

    The University of Georgia reached an out-of-court settlement with a former student who filed a 25 million dollar sexual harassment lawsuit.The woman -- Tiffany Williams -- claimed U-G-A officials were slow to respond to an alleged assault involving t...

  • Bush Vows to Veto Iraq Troop Withdrawal

    Bush Vows to Veto Iraq Troop Withdrawal

    Lawyer Blogs 04/28/2007

    President Bush warned Congress Friday that he will continue vetoing war spending bills as long as they contain a timetable for the withdrawal of American troops from Iraq. Speaking a day after the Democratic-controlled Congress approved legislation t...

  • Monroe County pays $440,000 in jail corruption suit

    Monroe County pays $440,000 in jail corruption suit

    Lawyer Blogs 04/28/2007

    A Monroe County Sheriff’s deputy, who alleged in a lawsuit that the jail operation was beset by corruption, has received a $200,000 settlement to resolve the lawsuit.The county paid another $240,000 to an outside law firm which handled the litigation...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read