=> U$A Violates International Law again! <= Mexican executed in Texas=



=> U$A Violates International Law again! <= Mexican executed in Texas
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Reality_Check©
View profile
More options Aug 5, 11:25 pm
Newsgroups: alt.politics.bush, alt.politics.immigration, alt.true-
crime, misc.legal, soc.culture.mexican, uk.legal
From: "Reality_Check©" <Real...@xxxxxxxx>
Date: Wed, 6 Aug 2008 00:25:36 -0600
Local: Tues, Aug 5 2008 11:25 pm
Subject: => U$A Violates International Law again! <= Mexican executed
in Texas
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Mexican executed after appeal denied in Texas
a.. NEW: Mexican national Jose Ernesto Medellin has been executed

b.. Supreme Court turns down last-ditch appeal

c.. Case triggered dispute over federal authority, local sovereignty
and
foreign treaties

d.. His lawyers say Mexican officials weren't able to see him until
after
his conviction

From Bill Mears
CNN Supreme Court Producer

WASHINGTON (CNN) -- Mexican national Jose Ernesto Medellin, whose
death
penalty conviction in the rape and murder of two teen girls sparked
international controversy, was put to death in Texas on Tuesday night,
prison officials said.

Corrections spokeswoman Michelle Lyons said Medellin died at 9:57 CT.

The U.S. Supreme Court denied the last-ditch appeal of a Mexican
national on
Texas' death row late Tuesday, paving the way for him to be executed
for a
pair of brutal slayings, state corrections officials said.

Texas Department of Criminal Justice spokeswoman Michelle Lyons said
about
9:15 p.m. that the court had turned down the appeal of Jose Ernesto
Medellin.

Medellin's capital appeal was an unusual one that pitted President
Bush
against his home state in a dispute over federal authority, local
sovereignty and foreign treaties.

At issue is an international court's ruling that Medellin and about 50
other
Mexicans have been illegally denied access to their home country's
consul.
Allowing travelers such access when they are arrested abroad is common
practice.

At about 7 p.m., an hour after the execution could have taken place, a
spokesman for the Texas Department of Corrections said the execution
was in
a "holding pattern."

The high court in March ruled for Texas, allowing the execution to
proceed,
but Medellin's lawyers filed a flurry of emergency appeals in state
and
federal courts, requesting a stay. They argued that Congress and the
Texas
Legislature should be given a chance to pass legislation that would
give
their client a new hearing before punishment is carried out.

Such a bill is pending in Congress, but no recent action has been
taken in
either chamber. In an August 1 letter, three Democrats on the House
Judiciary Committee urged Texas Gov. Rick Perry, a Republican, to
postpone
executions "in order to provide Congress with the time needed to
consider
this situation."

Texas lawmakers will not gather in session until January.

The case centers on whether the state has to give in to a demand by
the
president that the prisoner be allowed new hearings and sentencing.
Bush
made that demand reluctantly after an international court concluded
Medellin
and 50 other Mexicans on American death rows were improperly denied
access
to their consulate upon arrest, a violation of a treaty signed by the
United
States decades ago.

Medellin's execution will be the first of what promises to be a busy
month
at the state's death chamber in Huntsville. Five other men are
scheduled to
die by lethal injection in the next four weeks, including one on
Thursday.

Medellin was 18 when he participated in the June 1993 gang rape and
murder
of two Harris County girls, Jennifer Ertman, 14, and Elizabeth Pena,
16. He
was convicted of the crimes and sentenced to death.

The prisoner's lawyers argued Mexican consular officials were not able
to
meet with the man until after his conviction.

Thirteen Texas death row inmates from Mexico will be affected by the
high
court ruling. Only Oklahoma has commuted a capital inmate's sentence
to life
in prison in response to the international judgment.

The International Court of Justice ruled in 2004 that the United
States had
violated the rights of the prisoners, in part because officials and
prosecutors failed to notify their home country, from which the men
could
have received legal and other assistance. Those judges ordered the
United
States to provide "review and reconsideration" of the convictions and
sentences of the Mexican prisoners.

The world court again last month ordered the United States to do
everything
within its authority to stop Medellin's execution until his case could
be
further reviewed.

Based in The Hague, Netherlands, the International Court of Justice
resolves
disputes between nations over treaty obligations. The United States is
a
signatory to the 1963 Vienna Convention, which lays out rights of
people
detained in other nations. The appeal the Supreme Court ruled on in
March
turned on what role each branch of government plays to give force to
international treaty obligations.

Chief Justice John Roberts wrote for a 6-3 majority that the
international
court's judgments cannot be forced upon individual states. The
president
also cannot "establish binding rules of decision that pre-empt
contrary
state law," he said, and the treaty itself does not specifically
require
states to remedy any treaty violations.

The chief justice added that the international court "is not domestic
law,"
thereby restricting the president's power over states. "The
executive's
narrow and strictly limited authority to settle international claims
disputes pursuant to an executive agreement cannot stretch so far as
to
support the current presidential memorandum" that would force Texas to
conduct a new state trial, he wrote.

The Mexican government filed an appeal with the international court
against
the United States in January 2003, alleging violations of
international law.
Medellin filed his own federal and state appeals based on similar
complaints, as well as a claim of ineffective counsel. Medellin has
the
support of the European Union and several international human rights
groups.

Bush said he disagreed with the international court's conclusions, but
agreed to comply with them. In a February 28, 2005, executive order,
he
said, "The United States will discharge its international
obligations ... by
having state courts give effect to the decision in accordance with
general
principles of comity in cases filed by the 51 Mexican nationals
addressed in
that decision."

The Bush White House typically backs states in their power to carry
out
executions, but Justice Department officials said that in these
instances,
the president's power to conduct foreign policy outweighed states'
interests.

The Supreme Court originally heard the Medellin case in 2005 but did
not
rule on the merits. It waited instead for lower courts to resolve the
federalism angle before rehearing the appeal in October.

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Webmanager_CritEst
View profile
More options Aug 6, 2:32 am
Newsgroups: soc.culture.mexican, uk.legal
From: Webmanager_CritEst <webmana...@xxxxxxxxxxx>
Date: Wed, 6 Aug 2008 02:32:45 -0700 (PDT)
Local: Wed, Aug 6 2008 2:32 am
Subject: Re: => U$A Violates International Law again! <= Mexican
executed in Texas
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original | Report this message | Find messages by this author
On Aug 6, 7:25 am, "Reality_Check©" <Real...@xxxxxxxx> wrote:

- Hide quoted text -
- Show quoted text -
Mexican executed after appeal denied in Texas
a.. NEW: Mexican national Jose Ernesto Medellin has been executed

b.. Supreme Court turns down last-ditch appeal

c.. Case triggered dispute over federal authority, local sovereignty and
foreign treaties

d.. His lawyers say Mexican officials weren't able to see him until after
his conviction

From Bill Mears
CNN Supreme Court Producer

WASHINGTON (CNN) -- Mexican national Jose Ernesto Medellin, whose death
penalty conviction in the rape and murder of two teen girls sparked
international controversy, was put to death in Texas on Tuesday night,
prison officials said.

Corrections spokeswoman Michelle Lyons said Medellin died at 9:57 CT.

The U.S. Supreme Court denied the last-ditch appeal of a Mexican national on
Texas' death row late Tuesday, paving the way for him to be executed for a
pair of brutal slayings, state corrections officials said.

Texas Department of Criminal Justice spokeswoman Michelle Lyons said about
9:15 p.m. that the court had turned down the appeal of Jose Ernesto
Medellin.

Medellin's capital appeal was an unusual one that pitted President Bush
against his home state in a dispute over federal authority, local
sovereignty and foreign treaties.

At issue is an international court's ruling that Medellin and about 50 other
Mexicans have been illegally denied access to their home country's consul..
Allowing travelers such access when they are arrested abroad is common
practice.

At about 7 p.m., an hour after the execution could have taken place, a
spokesman for the Texas Department of Corrections said the execution was in
a "holding pattern."

The high court in March ruled for Texas, allowing the execution to proceed,
but Medellin's lawyers filed a flurry of emergency appeals in state and
federal courts, requesting a stay. They argued that Congress and the Texas
Legislature should be given a chance to pass legislation that would give
their client a new hearing before punishment is carried out.

Such a bill is pending in Congress, but no recent action has been taken in
either chamber. In an August 1 letter, three Democrats on the House
Judiciary Committee urged Texas Gov. Rick Perry, a Republican, to postpone
executions "in order to provide Congress with the time needed to consider
this situation."

Texas lawmakers will not gather in session until January.

The case centers on whether the state has to give in to a demand by the
president that the prisoner be allowed new hearings and sentencing. Bush
made that demand reluctantly after an international court concluded Medellin
and 50 other Mexicans on American death rows were improperly denied access
to their consulate upon arrest, a violation of a treaty signed by the United
States decades ago.

Medellin's execution will be the first of what promises to be a busy month
at the state's death chamber in Huntsville. Five other men are scheduled to
die by lethal injection in the next four weeks, including one on Thursday..

Medellin was 18 when he participated in the June 1993 gang rape and murder
of two Harris County girls, Jennifer Ertman, 14, and Elizabeth Pena, 16. He
was convicted of the crimes and sentenced to death.

The prisoner's lawyers argued Mexican consular officials were not able to
meet with the man until after his conviction.

Thirteen Texas death row inmates from Mexico will be affected by the high
court ruling. Only Oklahoma has commuted a capital inmate's sentence to life
in prison in response to the international judgment.

The International Court of Justice ruled in 2004 that the United States had
violated the rights of the prisoners, in part because officials and
prosecutors failed to notify their home country, from which the men could
have received legal and other assistance. Those judges ordered the United
States to provide "review and reconsideration" of the convictions and
sentences of the Mexican prisoners.

The world court again last month ordered the United States to do everything
within its authority to stop Medellin's execution until his case could be
further reviewed.

Based in The Hague, Netherlands, the International Court of Justice resolves
disputes between nations over treaty obligations. The United States is a
signatory to the 1963 Vienna Convention, which lays out rights of people
detained in other nations. The appeal the Supreme Court ruled on in March
turned on what role each branch of government plays to give force to
international treaty obligations.

Chief Justice John Roberts wrote for a 6-3 majority that the international
court's judgments cannot be forced upon individual states. The president
also cannot "establish binding rules of decision that pre-empt contrary
state law," he said, and the treaty itself does not specifically require
states to remedy any treaty violations.

The chief justice added that the international court "is not domestic law,"
thereby restricting the president's power over states. "The executive's
narrow and strictly limited authority to settle international claims
disputes pursuant to an executive agreement cannot stretch so far as to
support the current presidential memorandum" that would force Texas to
conduct a new state trial, he wrote.

The Mexican government filed an appeal with the international court against
the United States in January 2003, alleging violations of international law.
Medellin filed his own federal and state appeals based on similar
complaints, as well as a claim of ineffective counsel. Medellin has the
support of the European Union and several international human rights groups.

Bush said he disagreed with the international court's conclusions, but
agreed to comply with them. In a February 28, 2005, executive order, he
said, "The United States will discharge its international obligations ... by
having state courts give effect to the decision in accordance with general
principles of comity in cases filed by the 51 Mexican nationals addressed in
that decision."

The Bush White House typically backs states in their power to carry out
executions, but Justice Department officials said that in these instances,
the president's power to conduct foreign policy outweighed states'
interests.

The Supreme Court originally heard the Medellin case in 2005 but did not
rule on the merits. It waited instead for lower courts to resolve the
federalism angle before rehearing the appeal in October.

It was a heinous crime, but it is Team America, *** yeah !!!!

WM

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Fernando Gómez
View profile
More options Aug 6, 11:48 am
Newsgroups: alt.politics.bush, alt.politics.immigration, alt.true-
crime, misc.legal, soc.culture.mexican, uk.legal
From: Fernando Gómez <fernando.a.gome...@xxxxxxxxx>
Date: Wed, 06 Aug 2008 13:48:14 -0500
Local: Wed, Aug 6 2008 11:48 am
Subject: Re: => U$A Violates International Law again! <= Mexican
executed in Texas
Reply | Reply to author | Forward | Print | Individual message | Show
original | Report this message | Find messages by this author
Reality_Check© wrote:
Mexican executed after appeal denied in Texas
a.. NEW: Mexican national Jose Ernesto Medellin has been executed

b.. Supreme Court turns down last-ditch appeal

c.. Case triggered dispute over federal authority, local sovereignty and
foreign treaties

d.. His lawyers say Mexican officials weren't able to see him until after
his conviction

[SNIP]

while I think that U.S. should have warned the Mexican authorities, I
also think that this guy, should have been executed twice.

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