Texas to execute Mexican killer today

[Jos]

n March 2005, the United States pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon[1]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges

Vienna Convention on Consular Relations - Wikipedia, the free encyclopedia

May cause problems for Americans arrested abroad

 

[Liability]

pedophile?

I thought the girl was sixteen?

Yes. Pedophile.

The age of consent in Texas is 17.

Like MHH said, it's really not worth quibbling over.

But you clearly don't know the meaning of pedophilia.

Part credit. Not bad for a complete a-hole like you.

I do know the meaning of the word but I deny you the right to re-define it.

Too bad for you, unmanlyfold. Words still have actual meaning notwithstanding that schmucks like you can't deal with that fact.

On the other hand, you do get partial credit for at least realizing that you focused on the least important modifier used in describing the late illegal immigrant murdering piece of shit.

And if it's not worth quibbling over, why did you choose to quibble and why do you continue to do so, you diseased asshole?

 

[theHawk]

I'm rather surprised the Hussein didn't pardon this man. Guess he figured the politcal backlash would be too much.

 

[CrusaderFrank]

n March 2005, the United States pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon[1]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges

Vienna Convention on Consular Relations - Wikipedia, the free encyclopedia

May cause problems for Americans arrested abroad

Better potential problems for American traveling abroad than losing our

Sovereignty - Wikipedia, the free encyclopedia

here at home.

You might want to familiarize yourself with the term

 

[Liability]

n March 2005, the United States pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon[1]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges

Vienna Convention on Consular Relations - Wikipedia, the free encyclopedia

May cause problems for Americans arrested abroad

Criminal acts committed by Americans abroad may cause them problems.

If they are to be harassed for non-committed crimes, you can pretty much rest assured that Texas' non-"compliance" with the Vienna Treaty has essentially nothing to do with it.

 

[LilOlLady]

If you don't like US laws, stay in Mexico.
A gang initiation? He got his just deserve.



José Ernesto Medellín was convicted of raping and killing two teenage girls in 1993 as part of a gang initiation rite.

Mexican National Executed in Texas

 

[Liability]

I'm rather surprised the Hussein didn't pardon this man. Guess he figured the politcal backlash would be too much.

The President had no authority to grant a pardon to the fucking illegal alien piece of shit.

U.S.Const. art. II, § 2, provides in relevant part that "[The President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

The crimes committed by the now deceased illegal alien piece of crap were against a 16 year old girl in violation of the laws of the STATE of Texas.

 

[Momanohedhunter]

n March 2005, the United States pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon[1]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges

Vienna Convention on Consular Relations - Wikipedia, the free encyclopedia

May cause problems for Americans arrested abroad

Na. It will be the same old shit. If it were such an issue the Senate would ratify it and then this would not be an issue ever again. Instead, it was nothing more then a distraction from the fact that our government is doing nothing towards fixing our busted country.

 

[Momanohedhunter]

If you don't like US laws, stay in Mexico.
A gang initiation? He got his just deserve.



José Ernesto Medellín was convicted of raping and killing two teenage girls in 1993 as part of a gang initiation rite.

Mexican National Executed in Texas

As well as two other illegals. They were here to rape the girls that Americans wont.

 

[PoliticalChic]

Nope

Than what is this UN treaty people are referencing to try and spare him?

No one is trying to "spare" him. They are just trying to follow procedure.

Answer the question: there is no such treaty, is there?

You simply made it up.

 

[PoliticalChic]

Just out of curiosity, does the president have the authority to issue a stay of execution?

In Texas?

In the USA.

He certainly has the authority to issue a presidential pardon which would stop any execution. Of course he wouldn't pardon a murdering rapist (I hope). But it would be interesting to know if he could simply issue an executive order of some kind to stop the execution.

No. He has the obligation to enforce the law, but he has no power to suspend same.

 

[PoliticalChic]

Just out of curiosity, does the president have the authority to issue a stay of execution?

No.

Link?

The question turns initially on the Constitution’s Article II, Section 3, which directs that the President “shall take care that the laws be faithfully executed.” This clause confirmed that the U.S. President could not exercise what in England was called the ‘dispensing’ or ‘suspensive’ power, as sometimes claimed by the king: the power to suspend or override law. It was added as the companion clause to Article II, Section 1, which gave the President the “executive Power” of the United States; although the contours of the “executive Power” are much disputed, it is relatively common ground that the executive power did not, as a general matter, include the “legislative” power to make (or displace) law. Taken together, Article II, Sections 1 and 3 assigned the President the power and duty to uphold and enforce laws, assuring that the President could not create, change or disregard laws.http://www.law.georgetown.edu/internationalhrcolloquium/documents/RamseyPaper.doc

 

[kwc57]

Nope

Than what is this UN treaty people are referencing to try and spare him?

No one is trying to "spare" him. They are just trying to follow procedure.

The procedure is he gets put to death for raping and murdering someone.

 

[Againsheila]

When my Dad was in Mexico, while driving, another car hit his car. The guy who hit my dad's car, did it for insurance purposes..and accused my Dad, a professional race car driver, of causing the accident. After spending a night in jail my Father was allowed to contact the embassy and they contacted his father who was an ambassador at the time.

Who was able to secure the release of my father with all charges dropped.

Your father was lucky his father was an ambassador. Most Americans would have gone to jail, and they wouldn't get access to our embassy until AFTER they signed a confession.

or handed a couple hundred dollars over to a Mexican cop.

Usually, by the time they get to the police station, it's too late for that, now we're talking $thousands. And I'll bet even in the case of the race driver, even though it's not mentioned, a bribe was paid.

 

[LAfrique]

It's an interesting states rights issue as well as a legal one. Humberto Garcia has been on Texas death row since 1994 when he was convicted of raping and killing a woman. He is a Mexican national and the president and the Secretary 'O State are citing a UN Treaty in order to try to spare his life. Governor Perry is determined to let the execution go through. Will president Barry call out the Troops to save this murderer's life and cause another Alamo standoff? The Feds don't have a case. The Supreme Court already ruled in a similar case in 2008 that states are not obligated to comply with UN treaties.

True that States or Nations do not have to comply with UN codes. The UN is simply a world forum with peacekeeping as its duty.

Anyway, about failure to contact Mexican Authorities: How would immediate contact of Mexican authorities, in Humberto Leal's case, have made a difference since the man never denied committing crime? Or was Humberto Leal mentally disabled?

 

[Momanohedhunter]

It's an interesting states rights issue as well as a legal one. Humberto Garcia has been on Texas death row since 1994 when he was convicted of raping and killing a woman. He is a Mexican national and the president and the Secretary 'O State are citing a UN Treaty in order to try to spare his life. Governor Perry is determined to let the execution go through. Will president Barry call out the Troops to save this murderer's life and cause another Alamo standoff? The Feds don't have a case. The Supreme Court already ruled in a similar case in 2008 that states are not obligated to comply with UN treaties.

True that States or Nations do not have to comply with UN codes. The UN is simply a world forum with peacekeeping as its duty.

Anyway, about failure to contact Mexican Authorities: How would immediate contact of Mexican authorities, in Humberto Leal's case, have made a difference since the man never denied committing crime? Or was Humberto Leal mentally disabled?

Yes, it was claimed that he was mentally disabled, that he was abused by his Father, and raped by a Priest among other things. The thing is, he had it together enough to commit rape and murder and he died for it.

 

[Moonglow]

toldcha he was gonna die.

 

[percysunshine]

Can't Obama comute the sentence? He could also grant a pardon, but that would be suicide.

wait...the guy is dead...nevermind...

 

[C_Clayton_Jones]

Anyway, about failure to contact Mexican Authorities: How would immediate contact of Mexican authorities, in Humberto Leal's case, have made a difference since the man never denied committing crime? Or was Humberto Leal mentally disabled?

That’s not the issue.

At issue is that the US government uses the treaty in cases where Americans are charged with crimes overseas. In order for other countries to continue to abide by the treaty, the United States must abide by the treaty as well.

Proceeding with the execution could put U.S. citizens who travel abroad at risk of arrest without cause and denial of diplomatic representation, said John Bellinger, a lawyer with Arnold & Porter LLP who was a top lawyer for the State Department from 2005 to 2009 under President George W. Bush.

Several thousand U.S. citizens are arrested abroad every year and the execution of Leal Garcia could "put all Americans at risk, including Texans," Bellinger said.

Texas gov urged to delay Mexican's death sentence

The issue was never about Leal’s guilt or the appropriateness of his sentence, but a possible threat to Americans abroad.

 

[LAfrique]

It's an interesting states rights issue as well as a legal one. Humberto Garcia has been on Texas death row since 1994 when he was convicted of raping and killing a woman. He is a Mexican national and the president and the Secretary 'O State are citing a UN Treaty in order to try to spare his life. Governor Perry is determined to let the execution go through. Will president Barry call out the Troops to save this murderer's life and cause another Alamo standoff? The Feds don't have a case. The Supreme Court already ruled in a similar case in 2008 that states are not obligated to comply with UN treaties.

True that States or Nations do not have to comply with UN codes. The UN is simply a world forum with peacekeeping as its duty.

Anyway, about failure to contact Mexican Authorities: How would immediate contact of Mexican authorities, in Humberto Leal's case, have made a difference since the man never denied committing crime? Or was Humberto Leal mentally disabled?

Yes, it was claimed that he was mentally disabled, that he was abused by his Father, and raped by a Priest among other things. The thing is, he had it together enough to commit rape and murder and he died for it.

I simply heard just mention of mental impairment in Leal's case. If this were case, then why was this issue not properly emphasized? While I believe one forfeits life by taking life of another, matters become different in cases of proved mental impairment or insanity. I would hate to know a person not mentally capable was punished rather than helped for situation he/she could not fully comprehend.