Leal Garcia v. Texas

''Leal Garcia v. Texas'', 564 U.S. 940 (2011), was a ruling in which the Supreme Court of the United States denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus. Leal was subsequently executed by lethal injection. The central issue was not Leal's guilt, but rather that he was not notified of his right to call his consulate as required by international law.Cohen, Andre
''Humberto Leal Garcia: The Supreme Court Makes a Bad Situation Worse''
The Atlantic, "Leal, convicted of murder in Texas 16 years ago, was denied the right to access to the Mexican consulate at the time of his arrest. In 2004, the International Court of Justice at the Hague declared that such rights were valid under the Vienna Convention." The Court did not stay the execution because Congress had never enacted legislation regarding this provision of international law.Cohen, Andre
''Humberto Leal Garcia: The Supreme Court Makes a Bad Situation Worse''
The Atlantic, "Congressional action was necessary to allow Leal to fully vindicate his right.... ongresswas working through the legislation that would expressly adopt consular rights." The ruling attracted a great deal of commentary and Leal's case was supported by attorneys specializing in international law and several former United States diplomats.

Background

Leal García was a Mexican national who kidnapped, raped, and killed a 16-year-old girl.''Leal Garcia v. Texas'', Opinion
United States Supreme Court, p. 1, In 1994, he kidnapped 16-year-old Adria Sauceda, raped her with a large stick, and bludgeoned her to death with a piece of asphalt. He was convicted of murder and sentenced to death by a Texas court." He was arrested, convicted, and sentenced to death. Citing '' Concerning Avena and Other Mexican Nationals'', a decision by the International Court of Justice, Leal argued that his conviction was obtained in violation of the Vienna Convention on Consular Relations.''Leal Garcia v. Texas'', Opinion
United States Supreme Court, p. 1-2, "He now seeks a stay of execution on the ground that his conviction was obtained in violation of the Vienna Convention on Consular Relations... He relies on Concerning Avena and Other Mexican Nationals... in which the International Court of Justice (ICJ) held that the United States had violated the Vienna Convention by failing to notify him of his right to consular assistance." Specifically, Leal argued that the United States had violated the Vienna Convention by failing to notify him that he had the right to call his consulate. Leal and the United States asked the Supreme Court to stay his execution so that Congress could consider legislation to implement the Avena decision.

The Court previously ruled in '' Medellín v. Texas'' that international legal obligations are not binding unless Congress enacts them in a statute. Thus the primary focus of Leal's Supreme Court appeal was a bill introduced by Senator Patrick Leahy that would enact the obligations of the Vienna Convention as law (henceforth referred to as Avena legislation).

Opinion

The opinion of the Court was delivered per curiam. First, the Court considered Leal's claim that executing him while 'Avena' legislation was under consideration violated due process. The Court rejected this claim, stating that due process does not prevent a State from carrying out a lawful judgment in light of unenacted legislation. Second, the Court considered an argument by the United States which claimed that the Court should issue a stay in execution so that the Court could issue a ruling after the 'Avena' legislation had passed. The Court rejected this argument, holding that the Court is tasked with ruling with the law at present, not what it might become in the future. Further, the Court expressed its skepticism that such legislation would ever be enacted. Having rejected all arguments, the Court denied Leal's application for stay of execution and application for writ of habeas corpus.

Dissent

Associate Justice Stephen Breyer dissented, joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan. Breyer held that a stay would be appropriate. Breyer drew a distinction between '' Medellín v. Texas'' and Leal's case, noting that the Court had refused to grant a stay of execution in Medellín in significant part because the President had not told the Court there would be likely congressional action. Breyer pointed out that in Leal's case congressional action was a reasonable possibility. Further, Breyer argued that under '' Federal Trade Commission v. Dean Foods Co.'', the Court could take action to preserve its future jurisdiction that would result upon Congress passing the Avena legislation.

Breyer also argued that the Court should defer to the executive branch, per the President's constitutionally based authority in matters of foreign relations.

See also

* Avena case
* LaGrand case

References

Further reading

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External links

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{{Chicano and Mexican American topics

2011 in United States case law
United States Supreme Court cases
Capital punishment in Texas
Mexico–United States relations
United States death penalty case law
International Court of Justice
2011 in international relations
United States Supreme Court cases of the Roberts Court