Medellin v. Texas (554 U.S. 759)
U.S. Supreme Court · decided August 5, 2008 · Supreme Court Database (Spaeth)
- Citation
- 554 U.S. 759 · 129 S. Ct. 360
- Decided
- August 5, 2008
- Term
- October Term 2007
- Vote
- 5–4
- Issue area
- Criminal Procedure
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Cite as: 554 U. S. ____ (2008) 1 Per Curiam SUPREME COURT OF THE UNITED STATES _________________ Nos. 06–984 (08A98), 08–5573 (08A99), and 08–5574 (08A99) _________________ JOSE ERNESTO MEDELLIN 06–984 (08A98) v. TEXAS ON APPLICATION TO RECALL AND STAY MANDATE AND FOR STAY JOSE ERNESTO MEDELLIN 08–5573 (08A99) v. TEXAS ON APPLICATION FOR STAY AND PETITION FOR A WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS IN RE JOSE ERNESTO MEDELLIN 08–5574 (08A99) ON APPLICATION FOR STAY AND ON PETITION FOR A WRIT OF HABEAS CORPUS [August 5, 2008] PER CURIAM. Petitioner seeks a stay of execution on the theory that either Congress or the Legislature of the State of Texas might determine that actions of the International Court of Justice (ICJ) should be given controlling weight in deter- mining that a violation of the Vienna Convention on Con- sular Relations is grounds for vacating the sentence im- posed in this suit. Under settled principles, these possibilities are too remote to justify an order from this Court staying the sentence imposed by the Texas courts. And neither the President nor the Governor of the State of Texas has represented to us that there is any likelihood of 2 MEDELLIN v. TEXAS Per Curiam congressional or state legislative action. It is up to Congress whether to implement obligations undertaken under a treaty which (like this one) does not itself have the…
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