Case Law

On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit.

25 January 2010 | Judicial Body: United States Supreme Court | Topic(s): Extradition - Habeas corpus - International humanitarian law (IHL) / Geneva Conventions - Military courts - Prisoners of war | Countries: Panama - United States of America

Certiorari to the United States Court of Appeal for the District of Columbia Circuit. Argued March 25, 2008—Decided June 12, 2008.

12 June 2008 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: United States of America

Certiorari to the United States Court of Appeals for the District of Colombia Circuit. Argued December 5, 2007—Decided June 12, 2008.

12 June 2008 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: Afghanistan - United States of America

On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Justice Breyer dissenting from the denial of certiorari.

2 April 2007 | Judicial Body: United States Supreme Court | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Habeas corpus - Pre-trial detention - Terrorism | Countries: Afghanistan - United States of America

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. This case concerns the federal habeas corpus petition of Jose Medellin, a Mexican national, for review of his rights under the Vienna Convention on Consular Relations (the "Convention"). Medillin was tried and sentenced to death, a sentence which was affirmed by the Texas Court of Criminal Appeals. Medillin then filed a state habeas corpus action, claiming that he had not been notified of his right to consular access under the Convention. The trial court, as well as the Court of Criminal Appeals in Texas rejected this claim. Subsequently Medillin filed a federal habeas corpus petition, which was rejected by the District Court. The Court of Appeals denied the application for appealability, shortly after the Avena judgment was handed down by the International Court of Justice ("ICJ"), in which it held that the United States had breached its obligation under the Convention to inform 51 Mexican nationals (including Medilla), all of whom had been sentenced to death, of the right to consular notification. Few days before the oral argument at the Supreme Court, Medillin filed another state habeas corpus petition based on the Avena judgment as well as a memorandum filed by President Bush, which stated that the United States would discharge its international obligations under the Avena judgment "by having State courts give effect to the ICJ decision in accordance with general principles of comity." Stating that the "state proceeding may provide Medellin with the review and reconsideration of his Vienna Convention claim that the ICJ required," the Supreme Court dismissed the writ as "improvidently granted." Justice O'Connor, joined by Justices Stevens, Souter and Breyer, filed a dissenting opinion in which she stated that she would "vacate the Court of Appeals' decision to deny Medellin a certificate of appealability" and "remand for further proceedings."

23 May 2005 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: Mexico - United States of America