March 10, 2005
More on Medellin issues
In this post I spotlighted dynamic developments surrounding the the Supreme Court's consideration in Medellin v. Dretke of the right of foreign nationals on death row to meet with a consular officer from their home country. Adding timely intrigue to these matters, a reader has alerted me that this morning the Oregon Supreme Court issued an opinion in State v. Sanchez-Llamas, No. S51289 (Ore. Mar. 10, 2005) (available here), which plows related ground.
In Sanchez-Llamas, the Oregon Supreme Court rejects the a claim to suppress evidence based on a violation of the "right to consular notification and communication, as guaranteed by Article 36 of the Vienna Convention on Consular Relations (VCCR)," by holding that "Article 36 of the VCCR does not create rights that individual foreign nationals may assert in a criminal proceeding." Here is the Court's interesting final footnote:
Our legal conclusion in this case is consonant with every other state and federal case of which we are aware that has addressed the issue. [citations omitted.] We also note that the Supreme Court of the United States on December 10, 2004, granted certiorari in Medellin v. Dretke, 371 F.3d 270 (5th Cir. 2004). That case, which is set for argument on March 28, 2005, involves certain of the issues that we decide today.
March 10, 2005 at 12:33 PM | Permalink
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Funny, why then couldn't they wait till the decision? rhethorical question, I guess, the Court seems to be not giving any particular - negative or positive - emphasis to the fact that they structure their "legal conclusion in this case" is consonant with every other state and federal case" that addressed the issue. Why hurry now then, especially when there is a chance that the upcoming SCOTUS decision will reverse the heck out of them. Cart before the horse, indeed.
And uh .. oh .. since when state courts have become experts on consular affairs?
Posted by: Pavel | Mar 10, 2005 2:01:59 PM