Wednesday, January 11, 2012

Breard v. Greene Case Brief.

Breard v. Greene, 523 US 371 (1998)
  • Breard wanted to invoke the Vienna Convention on Consular Relations (VCCR) so as to avoid his own execution.  However, he did not follow the proper procedures for such invocation.  
  • later-in-time argument – p. 187
    • the Court finds that the VCCR was preempted by a new 1996 domestic law, the Antiterrorism and Effective Death Penalty Act, and thus the new law prevented the plaintiff from establishing that the violation of his Vienna Convention rights was a problem
  • the court decided to apply the procedural default rule: because Breard did not follow the necessary procedural rules for bringing a claim under the VCCR, he was not entitled to the protection of the VCCR.

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