United States Supreme Court

Neither an International Court of Justice case, Case Concerning Avena and Other Mexican Nationals (Mex. v. U. S.), 2004 I. C. J. 12, nor a memorandum issued by the President of the United States constitutes directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions. Consequently, dismissal of a habeas petition in a death penalty case raising a claim that petitioner was not informed of his Vienna Convention right to notify the Mexican consulate of his detention is affirmed.

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

Court

• United States Supreme Court

Counsel