News and Developments 2007: Foreign Nationals

Presidential Powers at Issue in Supreme Court Arguments in Texas Death Penalty Case

On October 10, the U.S. Supreme Court will hear arguments in Medellin v. Texas, a case that will determine whether President Bush overstepped his authority by ordering state courts to comply with a 2004 International Court of Justice (ICJ) ruling. The case involves Texas death row inmate Jose Medellin, one of 51 Mexican foreign nationals who were denied their right to contact Mexican consular officials after their arrest. The ICJ's 2004 ruling called on U.S. courts to review the cases in light of this treaty violation, but Texas refused to review Medellin's case and he petitioned the U.S.

U.S. Federal Court Overturns Scottish Citizen's Conviction and Death Sentence

The U.S. Court of Appeals for the Sixth Circuit re-affirmed its 2005 ruling that Kenny Richey's capital conviction and death sentence should be overturned because he received inadequate representation at trial. Richey is on death row for the 1986 arson murder of a two-year-old girl who was in his care, an event that he maintains was an accident. Richey is a dual citizen of the U.S.

Supreme Court to Review Case in which Texas has Defied President Bush's Order

The U.S. Supreme Court has agreed to hear Medellin v. Texas, a case that will determine whether dozens of Mexican foreign nationals on death row in the U.S. are entitled to a new hearing because they were denied their right to seek consular assistance upon their arrest.

Foreign Nationals News and Developments: 2006

  • Texas Court Rejects Presidential Order in Death Penalty Case

The Texas Court of Criminal Appeals rebuffed President Bush's order that Texas courts review the cases of Mexican foreign nationals who were sentenced to death without the benefit of their rights under the Vienna Convention on Consular Relations.