Leal Garcia v. Texas
Encyclopedia
Leal Garcia v. Texas, No. 11-5001
(2011), was a ruling in which the Supreme Court of the United States
denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus
. Leal was subsequently executed by lethal injection. The central issue was not the guilty verdict of Leal's case, but rather that he was not notified of the right to call his consulate as required by international law. The Court did not stay the execution because Congress must enact legislation in order for international law to apply. The ruling attracted a great deal of commentary and Leal's case was supported by international law attorneys and former United States diplomats.
was a Mexican national who kidnapped, raped, and killed a 16-year-old girl. He was arrested, convicted, and sentenced to death. Citing Concerning Avena and Other Mexican Nationals
, a decision by the International Court of Justice
, Leal argued that his conviction was obtained in violation of the Vienna Convention on Consular Relations
. Specifically, Leal argued that the United States had violated the Vienna Convention by failing to notify him that he had the right to call his consulate. Leal and the United States asked the Supreme Court to stay his execution so that Congress could consider legislation to implement the Avena decision.
The Court previously ruled in Medellín v. Texas
that international legal obligations are not binding unless Congress enacts them in a statute. Thus the primary focus of Leal's Supreme Court appeal was a bill introduced by Senator Patrick Leahy
that would enact the obligations of the Vienna Convention as law (henceforth referred to as Avena legislation).
Stephen Breyer
dissented, joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan. Breyer held that a stay in execution would be appropriate. Breyer drew a distinction between the similar case Medellín v. Texas
and Leal's case, noting that the Court had refused to grant a stay of execution in Medellín in significant part because the President had not told the Court there would be likely congressional action. Breyer pointed out that in Leal's case congressional action was a reasonable possibility. Further, Breyer argued that under Federal Trade Commission v. Dean Foods Co.
, the Court could take action to preserve its future jurisdiction that would result upon Congress passing Avena legislation.
Breyer also argued that the Court should defer to the executive branch, per the President's constitutionally based authority in matters of foreign relations.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2011), was a ruling in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Leal was subsequently executed by lethal injection. The central issue was not the guilty verdict of Leal's case, but rather that he was not notified of the right to call his consulate as required by international law. The Court did not stay the execution because Congress must enact legislation in order for international law to apply. The ruling attracted a great deal of commentary and Leal's case was supported by international law attorneys and former United States diplomats.
Background
Leal GarcíaHumberto Leal Garcia
Humberto Leal García, Jr. was a Mexican inmate on death row in the U.S. state of Texas for the May 21, 1994, rape, torture, and murder of Adria Sauceda in San Antonio. Despite calls from U.S. President Barack Obama, the U.S...
was a Mexican national who kidnapped, raped, and killed a 16-year-old girl. He was arrested, convicted, and sentenced to death. Citing Concerning Avena and Other Mexican Nationals
Mexico v. United States of America
Mexico v. United States of America, formally Avena and Other Mexican Nationals, was a case before the International Court of Justice of the United Nations...
, a decision by the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
, Leal argued that his conviction was obtained in violation of the Vienna Convention on Consular Relations
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
. Specifically, Leal argued that the United States had violated the Vienna Convention by failing to notify him that he had the right to call his consulate. Leal and the United States asked the Supreme Court to stay his execution so that Congress could consider legislation to implement the Avena decision.
The Court previously ruled in Medellín v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
that international legal obligations are not binding unless Congress enacts them in a statute. Thus the primary focus of Leal's Supreme Court appeal was a bill introduced by Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
that would enact the obligations of the Vienna Convention as law (henceforth referred to as Avena legislation).
Opinion
The opinion of the Court was delivered per curiam. First, the Court considered Leal's claim that executing him while 'Avena' legislation was under consideration violated due process. The Court rejected this claim, stating that due process does not prevent a State from carrying out a lawful judgment in light of unenacted legislation. Second, the Court considered an argument by the United States which claimed that the Court should issue a stay in execution so that the Court could issue a ruling after the 'Avena' legislation had passed. The Court rejected this argument, holding that the Court is tasked with ruling with the law at present, not what it might become in the future. Further, the Court expressed its skepticism that such legislation would ever be enacted. Having rejected all arguments, the Court denied Leal's application for stay of execution and application for writ of habeas corpus.Dissent
Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
dissented, joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan. Breyer held that a stay in execution would be appropriate. Breyer drew a distinction between the similar case Medellín v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
and Leal's case, noting that the Court had refused to grant a stay of execution in Medellín in significant part because the President had not told the Court there would be likely congressional action. Breyer pointed out that in Leal's case congressional action was a reasonable possibility. Further, Breyer argued that under Federal Trade Commission v. Dean Foods Co.
Federal Trade Commission v. Dean Foods Co.
FTC v. Dean Foods Co, , is a 1966 decision of the United States Supreme Court holding that the Federal Trade Commission may sue in federal court to obtain a preliminary injunction to maintain the status quo against the consummation of a merger that the agency persuasively contends violates the...
, the Court could take action to preserve its future jurisdiction that would result upon Congress passing Avena legislation.
Breyer also argued that the Court should defer to the executive branch, per the President's constitutionally based authority in matters of foreign relations.