Texas urged to halt Mexican's execution

[thundley4]

No, treaties are law on the same footing as statutes already, IF they were properly signed and ratified, on which I don't believe there is any dispute as far as the Vienna Protocol goes, which is at the root of this legally, not the ICJ request.  Texas did fail to follow the Vienna Protocol, but the question in our legal system is whether that amounts to error per se, or whether it will be analyzed on a 'Harmful error' basis.  In the latter case he is probably still toast, since the right under the Protocol is mainly a right to contact the home country's consulate, and does not give the foreign government any rights to intervene in the trial.

From what I understand, though, is that states are not bound by treaties pertaining to civil law unless congress has passed a law that makes it so.  That is why Obama wants congress to pass a law regarding this case. That is why it seems like Ex Post Facto comes into play. Texas has tried and convicted this scum, and now Obama wants a law passed that would basically invalidate that conviction.

[CG6468]

From what I understand, though, is that states are not bound by treaties pertaining to civil law unless congress has passed a law that makes it so.  That is why Obama wants congress to pass a law regarding this case. That is why it seems like Ex Post Facto comes into play. Texas has tried and convicted this scum, and now Obama wants a law passed that would basically invalidate that conviction.

That's also my understanding.

[FreeBorn]

I agree with Texan Ron White's take on capital punishment. "While some states are moving away from capital punishment my state's putting in an express lane"... 

Fry his ass. If Mexico wants the carcass back let them pay for the shipping.

[DumbAss Tanker]

From what I understand, though, is that states are not bound by treaties pertaining to civil law unless congress has passed a law that makes it so.  That is why Obama wants congress to pass a law regarding this case. That is why it seems like Ex Post Facto comes into play. Texas has tried and convicted this scum, and now Obama wants a law passed that would basically invalidate that conviction.

Well, the Supreme Court isn't going to do jack based on a law that hasn't been passed yet, even Eric Holder could figure that one out, so the ex post facto issue you're talking about really can't be involved here at all.

I would not bet the rent on that part about a treaty being unable to affect State criminal law proceedings ("Civil law" means at least three different and unrelated things, so it is a great term to steer away from) since Treaties are Federal law, and a Federal law that affords a civil right to someone subject to US jurisdiction is enforceable as a due process/equal protection issue under the 14th Amendment and Federal supremacy against a State proceeding under 18 USC 1983 and related statutes, which goes back long before this dirtbag was originally convicted.

[thundley4]

Well, the Supreme Court isn't going to do jack based on a law that hasn't been passed yet, even Eric Holder could figure that one out, so the ex post facto issue you're talking about really can't be involved here at all.

I would not bet the rent on that part about a treaty being unable to affect State criminal law proceedings ("Civil law" means at least three different and unrelated things, so it is a great term to steer away from) since Treaties are Federal law, and a Federal law that affords a civil right to someone subject to US jurisdiction is enforceable as a due process/equal protection issue under the 14th Amendment and Federal supremacy against a State proceeding under 18 USC 1983 and related statutes, which goes back long before this dirtbag was originally convicted.

Yet Obama and his cronies must believe that Texas is within their rights to carry out the execution, or they wouldn't be requesting anything, they would be ordering Texas to stay the execution.

[NHSparky]

Would the fact that said dirtbag has been charged with/convicted of a state versus federal capital crime have any bearing (or lack thereof) in regards to the treaty under discussion?

[TVDOC]

Based on the OP, it appears that SCOTUS has already made a decision on this:

The court said that their convictions should be reviewed because they were denied consular access. President George W Bush told Texas officials they should comply with the ICJ order but the Supreme Court ruled that he had overstepped his authority.

Obama, if he's so concerned about this HAS the power to pardon the offender.......problem solved......it wouldn't do his reelection chances any good however.....

doc

[thundley4]

Based on the OP, it appears that SCOTUS has already made a decision on this:

Obama, if he's so concerned about this HAS the power to pardon the offender.......problem solved......it wouldn't do his reelection chances any good however.....

doc

Heh, heh.  I'd love to see Obama issue that pardon.

[THA HOUSTON PIMP IS IN DA HOUZ!]

Texas has tried and convicted this scum, and now Obama wants a law passed that would basically invalidate that conviction.

yeah, yet again going against the will of the people and butting into something that he should STFU and leave alone.

We can take care of our own down here in Texas, Mr. Asshat.

[seahorse513]

If he is guilty, hang him high!!!

[DumbAss Tanker]

Yet Obama and his cronies must believe that Texas is within their rights to carry out the execution, or they wouldn't be requesting anything, they would be ordering Texas to stay the execution.

Yeah, I think the bottom line is that the issue isn't entirely clear where a federal republic with sovereign lower constituents is a signatory to the Protocol, but if the court decides it does apply, then it will come down to whether it was error per se, which would keep the scum alive for retrial, or harmless error, meaning it wouldn't have affected the outcome anyway. 

Without digging through it to be sure, I am not 100% sure the Vienna Protocol even applies to illegals, as opposed to people legally in a foreign country on honest-to-God properly-issued visas.

[thundley4]

Yeah, I think the bottom line is that the issue isn't entirely clear where a federal republic with sovereign lower constituents is a signatory to the Protocol, but if the court decides it does apply, then it will come down to whether it was error per se, which would keep the scum alive for retrial, or harmless error, meaning it wouldn't have affected the outcome anyway. 

Without digging through it to be sure, I am not 100% sure the Vienna Protocol even applies to illegals, as opposed to people legally in a foreign country on honest-to-God properly-issued visas.

To be safe, let him get the needle, then the lawyers can argue about it.

[DumbAss Tanker]

To be safe, let him get the needle, then the lawyers can argue about it.

Works for me!

[Gina]

Mexican national and convicted murderer Humberto Leal Garcia Jr. has been executed by lethal injection in Texas.

[Ptarmigan]

Adios cucaracha! 

[true_blood]

Mexican national and convicted murderer Humberto Leal Garcia Jr. has been executed by lethal injection in Texas.

GOOD!  One less piece of trash breathing the air we breathe.

[Tess Anderson]

His last words were "Viva La Mexico". He said it twice. The UN got Perry punked.

[Texacon]

I started to drive into town last night to take pictures of any protestors that may show up for the execution but I didn't feel like it.  I should have done it anyway.

KC