Tuesday, April 24, 2012

Breard v. Greene case brief

Breard v. Greene


Procedural History:
Appeal from denial of habeas corpus.  Breard (D) claimed that his conviction should be overturned because of alleged violations of the Vienna Convention on Consular Relations.

Overview:

Breard (D) was scheduled to be executed following his conviction for murder. Breard (D) filed for habeas relief in federal court, arguing that the arresting authorities had wrongfully failed to inform him that, as a foreign national, he had the right to contact the Paraguayan consulate (P).

Issue:

When a statute that is subsequent in time is inconsistent with a treaty, does the statute render the treaty null?

Rule:

when a statute that is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null.

Analysis:

The Court also held that the Eleventh Amendment barred suits against states. The Consul General of Paraguay [PJ tried to raise a§ 1983 suit. The Court found that Paraguay [P) was not authorized to do so.

Outcome:

(Per curiam) Yes. · . .4 When a statute that is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. Breard's (D) argument that the Vienna Convention was violated must fail because Congress enacted the Antiterrorism and Effective Death Penalty Act after the Vienna Convention. The Executive Branch has authority over foreign relations and may utilize diplomatic channels to request a stay of execution. Petition denied.

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...