President Barack Obama bungled an effort to save the life of child rapist/murderer, Humberto Leal Garcia, Jr., a Mexican national. The President injected himself into an international controversy over Garcia's death sentence but failed to protect Garcia from his own injection. Garcia, with the support of Barack Obama, petitioned for a writ of habeas corpus and applied for a stay of execution on the ground that his murder conviction was obtained in violation of the Vienna Convention (Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261) by failing to notify him of his right to consular assistance. The International Court of Justice (ICJ) agreed and the President of the United States (together with the Mexican national) sought to stay the execution so that Congress could consider whether to enact legislation implementing the ICJ decision. The President of the United States issued a “Memorandum” supporting proposed legislation purporting to implement the ICJ decision. President Barak Obama objected to the death sentence for Garcia who was convicted of raping a 16-year old girl in 1994 then killing her by strangulation and by beating her with a 35-pound chunk of asphalt.
In Garcia v Texas, 564 U.S. ____ (2011), the United States Supreme Court determined that a stay of execution was not warranted because neither the ICJ decision nor the President’s Memorandum purporting to implement that decision constituted directly enforceable federal law. Additionally, the Due Process Clause did not prohibit Texas from carrying out a lawful judgment and executing the Mexican national simply because currently nonexistent legislation might someday authorize a collateral attack on the Texas judgment. Seven years had passed since the ICJ ruling and three years since the Supreme Court’s previous decision, therefore, a stay of execution based on the last-minute introduction of a bill in a single house of Congress was not justified. Finally, United States refused to argue that the Mexican national was prejudiced by the Vienna Convention violation.
The Supreme Court ruled that the Court had no authority to stay Garcia’s death execution simply because the President issued a memorandum filled with free-ranging assertions of foreign policy consequences and lacking any persuasive legal claims whatsoever. Garcia was executed on July 7, 2011 by lethal injection. The Supremes made it clear to Obama, you don’t mess with Texas.
The Law Offices of Colón & McNelis, P.A. aggressively represents people throughout Central Florida in Personal Injury, Social Security/Disability, Immigration, Family, Criminal Defense, and Probate matters. Colón & McNelis, (863) 534-3777, www.colonandmcnelis.com.
In Garcia v Texas, 564 U.S. ____ (2011), the United States Supreme Court determined that a stay of execution was not warranted because neither the ICJ decision nor the President’s Memorandum purporting to implement that decision constituted directly enforceable federal law. Additionally, the Due Process Clause did not prohibit Texas from carrying out a lawful judgment and executing the Mexican national simply because currently nonexistent legislation might someday authorize a collateral attack on the Texas judgment. Seven years had passed since the ICJ ruling and three years since the Supreme Court’s previous decision, therefore, a stay of execution based on the last-minute introduction of a bill in a single house of Congress was not justified. Finally, United States refused to argue that the Mexican national was prejudiced by the Vienna Convention violation.
The Supreme Court ruled that the Court had no authority to stay Garcia’s death execution simply because the President issued a memorandum filled with free-ranging assertions of foreign policy consequences and lacking any persuasive legal claims whatsoever. Garcia was executed on July 7, 2011 by lethal injection. The Supremes made it clear to Obama, you don’t mess with Texas.
The Law Offices of Colón & McNelis, P.A. aggressively represents people throughout Central Florida in Personal Injury, Social Security/Disability, Immigration, Family, Criminal Defense, and Probate matters. Colón & McNelis, (863) 534-3777, www.colonandmcnelis.com.
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