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Univ. of San Diego School of Law

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Saturday, December 11, 2004

Supreme Court Grants Cert. in Two Criminal Cases

Supreme_court_6On Friday, December 10, the Supreme Court granted cert. in two criminal cases.

In Medellin v. Dretke, No. 04-5928, the question presented is:  "In a federal habeascorpus proceeding filed by a Mexican citizen who was convicted of capital murder by a Texas state court, did the Fifth Circuit err in holding that the petitioner's claim, based on the state's conceded failure to notify him of his right under the Vienna Convention to contact the Mexican consul, was procedurally defaulted, and that even if the claim were not procedurally defaulted, the Vienna Convention does not confer an individually enforceable right?"  MSNBC.com has full coverage of this case here.

In Wilkinson v. Austin, No. 04-495, the question presented is:  "Did the Sixth Circuit err in holding that when prisoners have a state-created liberty interest in avoiding transfers to a super-maximum security facility, the adequacy of the procedures afforded to prisoners to be transferred is measured by the due process balancing test of Mathews v. Eldridge, rather than the more deferential test of Hewitt v. Helms?"  [Mark Godsey]

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