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Univ. of San Diego School of Law

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Monday, March 28, 2005

Supreme Court Hears Capital Case Today

Supreme_court_15The Supreme Court will hear oral arguments today in Medellin v. Dretke, No. 04-5928, on appeal from the 5th Circuit.  Questions presented:  (1) In a case brought by a Mexican national whose rights were adjudicated in the Avena Judgment, must a court in the United States apply as the rule of decision, notwithstanding any inconsistent United States precedent, the Avena holding that the United States courts must review and reconsider the national's conviction and sentence, without resort to procedural default doctrines? (2) In a case brought by a foreign national of a state party to the Vienna Convention, should a court in the United States give effect to the LaGrand and Avena Judgments as a matter of international judicial comity and in the interest of uniform treaty interpretation?  Details . . .  [Mark Godsey]

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