Court of Criminal Appeals of Texas

The International Court of Justice Avena decision and the President's memorandum directing state courts to give effect to Avena, do not require reconsideration of petitioner's Article 36 Vienna Convention claim as they: 1) do not preempt Section 5, Article 11.071; and 2) do not qualify as previously unavailable factual and legal bases under Section 5(a)(1).

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

Court

• Court of Criminal Appeals of Texas

Counsel