Obama tries to stop Texas execution

[percysunshine]

"WASHINGTON — The Obama administration took the unusual step Friday of asking the Supreme Court to stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl.

The administration said the court should delay the planned July 7 execution of Humberto Leal for up to six months to give Congress time to consider legislation that would directly affect Leal's case.

The 38-year-old native of Monterrey wasn't told he could contact the Mexican Consulate after his arrest in the murder of Adria Sauceda. His lawyers say police violated an international treaty by not telling Leal he could have consular assistance.

Legislation pending in the Senate would allow federal courts to review cases of condemned foreign nationals to determine if the lack of consular help made a significant difference in the outcome of their cases. Last week, a federal judge refused to delay the execution.

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."


Read more: Obama administration calls for halt to Texas execution | Houston & Texas News | Chron.com - Houston Chronicle


I am not sure the Feds can stop it. A Federal court cannot stay a State court. Looks like another trip and fall for the Obama administration and a chance for Perry to give Obama the finger.

 

[CrusaderFrank]

If Illegal Aliens aren't free to rape and murder our 16 year old daughters, are any of us truly free?

 

[editec]

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."

WHAT?!?!

If they did that, the SCOTUS has lost its collective mind.

Treaties are the law of the LAND.

The states do not get to parce out what parts of a treaty they like.

 

[rightwinger]

It would be a shame if Texas doesn't get it's quota of executions

 

[percysunshine]

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."

WHAT?!?!

If they did that, the SCOTUS has lost its collective mind.

Treaties are the law of the LAND.

The states do not get to parce out what parts of a treaty they like.

But it makes sense that Federal legislation must first be passed. Otherwise State law would mean nothing. There would be no States Rights, and we would all live in a giant Washington D.C., with Congress writing our traffic laws.

 

[Jack Fate]

Even the UN wants Perry to stop the execution. That should be good enough reason to carry it out.

[ame=http://www.youtube.com/watch?v=22Mrez7ahZA]YouTube - ‪Screw you, We're from Texas‬‏[/ame]

 

[RetiredGySgt]

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."

WHAT?!?!

If they did that, the SCOTUS has lost its collective mind.

Treaties are the law of the LAND.

The states do not get to parce out what parts of a treaty they like.

The Federal Government must prove that failure to tell him about the Consular help materially effected the outcome of the trial. I do not see that happening. The State already gave him an appeal process and that was brought up in appeal and he lost.

The Supreme Court can in fact overturn State Courts when they violate Federal Law. There is a process for that. The Obama administration will have to convince the Court that A) Federal laws were violated. And B) the Supreme Court is the proper remedy.

Since there currently is no actual Federal law on the subject the Administration will have to plead that the Treaty rights granted by said Treaty raise to the level of breaking Federal Law.

I will go on record as saying that this case should go to the Supreme Court but that I have no opinion on what the Court should decide. If the Conservatives REALLY are Conservatives that believe the Constitution is the LAW of the land they have to grant the case.

But unless it can be shown that the convicted man was materially denied due process then it should fail.

 

[percysunshine]

Even the UN wants Perry to stop the execution. That should be good enough reason to carry it out.

YouTube - ‪Screw you, We're from Texas‬‏

Once the UN gets their foot in the door...they will abolish the death penalty in all States.

 

[Care4all]

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."

WHAT?!?!

If they did that, the SCOTUS has lost its collective mind.

Treaties are the law of the LAND.

The states do not get to parce out what parts of a treaty they like.

But it makes sense that Federal legislation must first be passed. Otherwise State law would mean nothing. There would be no States Rights, and we would all live in a giant Washington D.C., with Congress writing our traffic laws.

no percy, that makes no sense, what so ever.

the States have no say, other than their state's federal representation in the u.s. house and senate, when it comes to ratifying treaties.

The Constitution STATES SUCH.

 

[Jack Fate]

He is guilty. Due process is not going to change that fact.

 

[CrusaderFrank]

Remember after Obama's one term is up, he's going to be Supreme Allah of the UN

 

[Care4all]

and NO ONE (at least i am not)* is saying the man should be set free and / or should not pay for his crime....just that the law was not followed regarding a treaty we signed and was ratified....?

 

[percysunshine]

WHAT?!?!

If they did that, the SCOTUS has lost its collective mind.

Treaties are the law of the LAND.

The states do not get to parce out what parts of a treaty they like.

But it makes sense that Federal legislation must first be passed. Otherwise State law would mean nothing. There would be no States Rights, and we would all live in a giant Washington D.C., with Congress writing our traffic laws.

no percy, that makes no sense, what so ever.

the States have no say, other than their state's federal representation in the u.s. house and senate, when it comes to ratifying treaties.

The Constitution STATES SUCH.

Obviously there is something missing in the treaty under question, or the Supreme court would not have ruled the way they did.

 

[Care4all]

But it makes sense that Federal legislation must first be passed. Otherwise State law would mean nothing. There would be no States Rights, and we would all live in a giant Washington D.C., with Congress writing our traffic laws.

no percy, that makes no sense, what so ever.

the States have no say, other than their state's federal representation in the u.s. house and senate, when it comes to ratifying treaties.

The Constitution STATES SUCH.

Obviously there is something missing in the treaty under question, or the Supreme court would not have ruled the way they did.

maybe, but maybe the supreme court is wrong as well? I haven't read their previous case that stated such, and would have to read the case to better understand their ruling....

 

[Momanohedhunter]

This has happened before, and I think with the same people, except for Obama. It was with that illegal who was killing folks and jumping trains. I say let El Hector call Mexico then give him the needle. Thats some compromise for you.

 

[Moonglow]

I doubt the execution is stopped

 

[Momanohedhunter]

Yeah, Texas dont play when it comes to executions. The guy should have been a drunk driver. Then he would have only got thirty days in county for killing someone.

 

[Mr. Shaman]

"WASHINGTON — The Obama administration took the unusual step Friday of asking the Supreme Court to stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl.

The administration said the court should delay the planned July 7 execution of Humberto Leal for up to six months to give Congress time to consider legislation that would directly affect Leal's case.

The 38-year-old native of Monterrey wasn't told he could contact the Mexican Consulate after his arrest in the murder of Adria Sauceda. His lawyers say police violated an international treaty by not telling Leal he could have consular assistance.

Legislation pending in the Senate would allow federal courts to review cases of condemned foreign nationals to determine if the lack of consular help made a significant difference in the outcome of their cases. Last week, a federal judge refused to delay the execution.

The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."


Read more: Obama administration calls for halt to Texas execution | Houston & Texas News | Chron.com - Houston Chronicle


I am not sure the Feds can stop it. A Federal court cannot stay a State court. Looks like another trip and fall for the Obama administration and a chance for Perry to give Obama the finger.

"Mr. Leal was convicted of a truly grisly crime, the 1994 rape and murder of 16-year-old Adria Sauceda. Ms. Sauceda was gang-raped by eight or nine men at a house party. A few hours later, Ms. Sauceda’s naked and battered body was found by police. According to the state of Texas, Mr. Leal was responsible for these horrific acts. Mr. Leal has consistently and vigorously contested this version of events."

It was no easy task to sort through the various accounts of the evening and this difficulty was greatly compounded by the fact that Mr. Leal’s court-appointed attorneys were severely unprepared to investigate and argue his case, failing to point out the many inconsistencies and uses of faulty forensic science that the prosecution relied on to secure their conviction."

Humberto Leal​

Gee.....faulty forensics....in TEXAS, of all places!!

Who'd Have Guessed??!!!

 

[WillowTree]

How about we compromise and just cut his dick off?

 

[Moonglow]

in Texas, justice is 6 feet under