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Ear to the Ground

No Stay From SCOTUS for Mexican on Death Row

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Posted on Jul 7, 2011
Supreme Court
supremecourtus.gov

The four justices (guess which ones?) who were hoping to hold off the execution of Humberto Leal Garcia Jr., a Mexican citizen on death row in Texas, didn’t get their wish Thursday. Leal was executed that evening.

The argument in favor of the delay, supported by the Obama administration, had to do with Leal and other Mexican citizens in U.S. prisons potentially being unaware of the full extent of their rights according to the Vienna Convention. This contention may serve others in similar positions but came too late to change Leal’s fate.  —KA

The New York Times:

The administration had asked the court to delay the execution so that Congress might consider recently introduced legislation that would provide fresh hearings on whether the rights of Mr. Leal and about 50 other Mexican citizens on death row in the United States had been violated.

In 2004, the International Court of Justice in The Hague found that the inmates had been denied their rights under the Vienna Convention. The convention requires that foreigners detained abroad be told they may contact consular officials.

In 2008, the Supreme Court acknowledged that the international court’s ruling was binding but said that the president acting alone could not compel states to comply with it. Congress also had to act, the court said.

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By felicity, July 9, 2011 at 8:39 am Link to this comment

Billy Pilgrim - How right you are. Aside from its
obvious barbarism, it doesn’t deter capital crime. 
More importantly, studies have determined that its
existence is a tacit message to the populace that if
you don’t like someone, if you deem someone an
undesirable, a scumbag? you are perfectly justified
in killing him.

An abortion doctor?  Kill him.  A member of a rival
gang?  Kill him.  A President?  Kill him.  A civil
rights leader?  Kill him.  The brother of a dead
president?  Kill him.  It’s a long and tragic
tradition in America that is easily justified if the
government engages in the same practice.

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By Leefeller, July 9, 2011 at 7:50 am Link to this comment

The good Christin Govenor Perry in Texas shows some of the best charaistics of Christindom, by killing dirtbags and showing what happens to ferners and his prtecting unborn babies, hope he runs fo president, bringing hypocarcsy to a new upper level of third world politics.

As for ferren policy, ferren is like the word socilist another ferren pox attacking our Christian nation.

In the end we need to git rid of the ferrners, the pinko socilists and those muslums like Obama, who dont beleve in god, who is like that Thomas Jefferson who, really never happend.

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Billy Pilgrim's avatar

By Billy Pilgrim, July 9, 2011 at 4:27 am Link to this comment

Rodney is correct.  Assuming, and right now, we all
know what happens when one assumes, Obama is
reelected and Anthony Kennedy decides to hang it up,
or it’s his time to leave this insane world, the next
appointee would be subjected to the worst form of
character assassination possible by the sociopaths
who constitute what passes for statesmen in the
Republican Party.

Besides being morally reprehensible, not to mention a
relic of our uncivilized past, state sponsored murder
has been abolished in all but a few countries. We
share a dubious distinction with a number of
authoritarian nations by still allowing legal
executions of its citizens.

The sick, hypocritical practice of our “Christian”
society to enact Old Testament revenge after numerous
individuals have been murdered only to have been
later proven innocent, is a sad commentary on our
depraved sense of “justice”.

Future generations will look back with disgust, just
as we look back at our slave-holding past, and wonder
why their ancestors were sadistic, violence loving
people.

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By PatrickHenry, July 8, 2011 at 5:18 pm Link to this comment

Billy Pilgrim,

It’s not the accused responsiblity to present evidence to vindicate themselves and recite international law which their state is bound to.

The guys a dirtbag and needs to go.  Obama should commute the sentence until international law is observed and the Mexican consulate determines their citizen is a dirtbag. 

Then throw him to the wolves.

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By MeHere, July 8, 2011 at 5:06 pm Link to this comment

It is futile to look to our government leaders for guidance and education in any
area, including that of human rights. They work within the system and their
preoccupation is to please those who will finance them and elect or re-elect them
to office.

The 2010 update by the Gallup organization finds that 64% of Americans still favor
the death penalty. This trend has shown little change over the last decade.  Given
the specific choice of having the alternative of life without parole, the poll results
showed a slight increase in support for this alternative but still the majority
favored the death penalty.

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By Chris Mallory, July 8, 2011 at 4:03 pm Link to this comment
(Unregistered commenter)

Sorry Inherit, you are wrong. Obama has no power to pardon a state prisoner being punished for a state crime.

And this was the right decision by the SCOTUS. 
I find it funny when apologists for illegals go on and on about how they have been here since they were mere toddlers and just want to be Americans now.  But when this guy has been here since he was 4, murders and rapes a young girl, well those years living off the taxpayers mean nothing and he should have been able to cry to the Mexican government.

This guy was scum, the death penalty was just and needed in this case.

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By Billy Pilgrim, July 8, 2011 at 10:41 am Link to this comment

The executed prisoner should have had his attorney file
incorporation papers with the Texas Secretary of State.
Surely, Justices Scalia, Kennedy, Thomas, Roberts, and
Alito would have then pardoned the man.

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Billy Pilgrim's avatar

By Billy Pilgrim, July 8, 2011 at 10:41 am Link to this comment

The executed prisoner should have had his attorney file
incorporation papers with the Texas Secretary of State.
Surely, Justices Scalia, Kennedy, Thomas, Roberts, and
Alito would have then pardoned the man.

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By felicity, July 8, 2011 at 8:16 am Link to this comment

Inherit - Yes, Obama could have pardoned Garcia.  So
why not.  It’s becoming painfully clear that scratch
Obama anywhere and you find a politician, and we all
know that a politician is nothing but a highly paid
prostitute (minus the ‘nobility’ often found in the
prostitute.)  After all, isn’t the job of the
prostitute to please and do another’s will?

I knew Clinton was nothing but a politician when he
took out time from his campaign to rush back to
Arkansas to sign the death warrant of Rickey Ray
Roberts.  (As the then governor of Arkansas, he had
the power of the pardon.)

Roberts was so severely retarded that he was unable
to comprehend what the death penalty was let alone
comprehend his own impending death.  Clinton could
have cared less (which, by the way, because of his
non-act I never voted for him.)

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By California Ray, July 8, 2011 at 7:44 am Link to this comment

Mexican rapist and murderer Humberto Leal Garcia Jr. has been executed by Texas. No surprise there. After all, recent U.S. court decisions have established that the Vienna Convention on Consular Relations is a laughingstock.

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By TDoff, July 8, 2011 at 7:39 am Link to this comment

Has anyone been keeping a tally? How has the competition between the ‘Collateral Damages’ of the USDOD vs. the ‘Collateral Damages’ of the current SCOTUS been going?

And is there any chance any of the ‘Terrorist’ groups could catch up?

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By John Sullivan, July 8, 2011 at 7:04 am Link to this comment
(Unregistered commenter)

Isn’t it Texas law that someone within state lines has to be executed each week? I heard that if they don’t have anyone on death row they just randomly pick someone from the general population.
I’m still waiting for SCOTUS’ conviction for kidnapping, raping and murdering the Statue of Liberty.

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By Inherit The Wind, July 8, 2011 at 4:10 am Link to this comment

Under the Constitution the President has virtually limitless power to pardon. 

President Obama could have issued a limited pardon that did NOT free Garcia, that converted his sentence to Life, and even allowed appeals.  He didn’t.

The USSC has just said that legally ratified treaties don’t mean shit, a devastating Constitutional blow, and one where the Law of Unintended Consequences is going to blow up in our faces like a suicide bomber.  We have just violated a ratified treaty and with it, International Law.

Now, EVERY OTHER NATION IN THE WORLD has reason to question, doubt, and even unilaterally abrogate treaties with us under International Law.

Brainless, ignorant, short-sighted, mean-spirited, dangerous.  That’s the 5 thugs on the Supreme Court.

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By PatrickHenry, July 8, 2011 at 2:58 am Link to this comment

Another example of this nations disregard for international treaties, conventions and agreements, unless some corporation or bank makes a profit.

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By Rodney, July 7, 2011 at 10:57 pm Link to this comment
(Unregistered commenter)

This is the most partisan court in the history of the Supreme Court. Every decision is predictable. The same five judges vote one way,the same four the other way. You can predict the outcome of the case even before it is litigated. This is not the way our founding fathers envisioned.This is not a democracy this is not justice.The justice system has become an idealogical sham. If the next judge to be replaced is a Republican appointed jurist who has to be replaced by Obama, they will filibuster anyone until Obama leaves office. Another justice will never get confirmed.

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