118 S. Ct. 1352; 140 L. Ed. 2d 529; 1998 U.S. LEXIS 2465; 66 U.S.L.W. 3684; 98 Cal. Daily Op. Service 2948; 98 Daily Journal DAR 3979; 1998 Colo. J. C.A.R. 1947; 11 Fla. L. Weekly Fed. S 458
Holding
Defendant could not raise his Vienna Convention claim on federal habeas corpus review. Moreover, the Court reasoned that he could not have demonstrated that the alleged violation of the Vienna Convention had an effect on his state trial that ought to have resulted in the overturning of his conviction. Additionally, the Court found that the Vienna Convention did not clearly provide a foreign nation with a private right of action in U.S. courts.
In 1992, Ángel Francisco Breard, a citizen of Paraguay, was convicted of the rape and capital murder of Ruth Dickie. Breard was scheduled to be executed by the Commonwealth of Virginia in 1996. Ultimately, Breard filed a motion for habeas relief in Federal District Court, alleging that arresting authorities violated the Vienna Convention on Consular Relations when they failed to inform him that, as a foreign national, he had the right to contact the Paraguayan Consulate. The court concluded that Breard had procedurally defaulted on this claim by failing to raise it in state court. The Court of Appeals affirmed. In 1996, Paraguayan officials brought suit alleging that Virginia officials had violated their rights under the Vienna Convention by failing to inform Breard of his treaty rights and the Paraguayan consulate of Breard's situation. Ultimately, the District Court concluded that it lacked jurisdiction. The Court of Appeals affirmed.
The U.S. Supreme Court ruled Breard would not receive a stay of execution and/or other relief under the Vienna Convention.
In a per curiam opinion, the Court denied the stay applications and all other relief. The majority of the Court concluded that, because he had procedurally defaulted it, Breard could not raise his Vienna Convention claim on federal habeas corpus review. Moreover, the Court reasoned that Breard could not have demonstrated that the alleged violation of the Vienna Convention had an effect on his state trial that ought to have resulted in the overturning of his conviction. Additionally, the Court found that the Vienna Convention did not clearly provide a foreign nation with a private right of action in U.S. courts. Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer, in separate dissents, argued that the Court ought to have granted the stay applications and considered the merits of the case to different degrees.
The case is also notable, as a precedent, because it is one of the most recent affirmations at the U.S. Supreme Court level of the continued validity of the long-standing U.S. constitutional law principle that a duly Senate ratified treaty may be overridden by a later domestic statute enacted by mere majorities in each house of Congress. Most countries do not permit treaties to be amended by domestic laws, and instead hold them to be superior to all legal enactments except the provisions of the national constitution in effect when the treaty was adopted.
Shortly after this decision, Ángel Francisco Breard was executed by lethal injection administered by the Commonwealth of Virginia on April 14, 1998, aged 32.
^Justice and Society Program Newsletter Spring 1999 September 27, 2007, at the Wayback Machine The Aspen Institute
^Wash Park Prophet: Geneva Convention Myths and Facts
Further readingEdit
Bradley, Curtis A. (1999). "Breard, Our Dualist Constitution, and the Internationalist Conception". Stanford Law Review. 51 (3): 529–566. doi:10.2307/1229264. JSTOR 1229264.
Charney, Jonathan I. (1999). (PDF). Journal of International Law and Politics. 31 (4): 697–708. Archived from the original (PDF) on 2012-02-08.
External linksEdit
Text of is available from:JustiaLibrary of CongressOyez (oral argument audio)
August 26, 2023
breard, greene, 1998, united, states, supreme, court, decision, decided, april, 1998, which, placed, united, states, directly, conflict, with, international, court, justice, since, been, used, precedent, supreme, court, united, statesdecided, april, 1998full, . Breard v Greene 523 U S 371 1998 is a United States Supreme Court decision decided on April 14 1998 which placed the United States directly in conflict with the International Court of Justice and has since been used as precedent 1 2 Breard v GreeneSupreme Court of the United StatesDecided April 14 1998Full case nameAngel Francisco Breard v Fred W Greene WardenCitations523 U S 371 more 118 S Ct 1352 140 L Ed 2d 529 1998 U S LEXIS 2465 66 U S L W 3684 98 Cal Daily Op Service 2948 98 Daily Journal DAR 3979 1998 Colo J C A R 1947 11 Fla L Weekly Fed S 458HoldingDefendant could not raise his Vienna Convention claim on federal habeas corpus review Moreover the Court reasoned that he could not have demonstrated that the alleged violation of the Vienna Convention had an effect on his state trial that ought to have resulted in the overturning of his conviction Additionally the Court found that the Vienna Convention did not clearly provide a foreign nation with a private right of action in U S courts Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionsPer curiamConcurrenceSouterDissentStevensDissentBreyerDissentGinsburgLaws appliedVienna Convention Contents 1 Background 2 Aftermath 3 See also 4 References 5 Further reading 6 External linksBackground EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2021 Learn how and when to remove this template message In 1992 Angel Francisco Breard a citizen of Paraguay was convicted of the rape and capital murder of Ruth Dickie Breard was scheduled to be executed by the Commonwealth of Virginia in 1996 Ultimately Breard filed a motion for habeas relief in Federal District Court alleging that arresting authorities violated the Vienna Convention on Consular Relations when they failed to inform him that as a foreign national he had the right to contact the Paraguayan Consulate The court concluded that Breard had procedurally defaulted on this claim by failing to raise it in state court The Court of Appeals affirmed In 1996 Paraguayan officials brought suit alleging that Virginia officials had violated their rights under the Vienna Convention by failing to inform Breard of his treaty rights and the Paraguayan consulate of Breard s situation Ultimately the District Court concluded that it lacked jurisdiction The Court of Appeals affirmed The U S Supreme Court ruled Breard would not receive a stay of execution and or other relief under the Vienna Convention In a per curiam opinion the Court denied the stay applications and all other relief The majority of the Court concluded that because he had procedurally defaulted it Breard could not raise his Vienna Convention claim on federal habeas corpus review Moreover the Court reasoned that Breard could not have demonstrated that the alleged violation of the Vienna Convention had an effect on his state trial that ought to have resulted in the overturning of his conviction Additionally the Court found that the Vienna Convention did not clearly provide a foreign nation with a private right of action in U S courts Justices John Paul Stevens Ruth Bader Ginsburg and Stephen Breyer in separate dissents argued that the Court ought to have granted the stay applications and considered the merits of the case to different degrees The case is also notable as a precedent because it is one of the most recent affirmations at the U S Supreme Court level of the continued validity of the long standing U S constitutional law principle that a duly Senate ratified treaty may be overridden by a later domestic statute enacted by mere majorities in each house of Congress Most countries do not permit treaties to be amended by domestic laws and instead hold them to be superior to all legal enactments except the provisions of the national constitution in effect when the treaty was adopted Aftermath EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2021 Learn how and when to remove this template message Shortly after this decision Angel Francisco Breard was executed by lethal injection administered by the Commonwealth of Virginia on April 14 1998 aged 32 See also EditList of United States Supreme Court cases volume 523 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume Sanchez Llamas v Oregon 2006 Medellin v Texas 2008 General Capital punishment in Virginia Capital punishment in the United States List of people executed in VirginiaReferences Edit Justice and Society Program Newsletter Spring 1999 Archived September 27 2007 at the Wayback Machine The Aspen Institute Wash Park Prophet Geneva Convention Myths and FactsFurther reading EditBradley Curtis A 1999 Breard Our Dualist Constitution and the Internationalist Conception Stanford Law Review 51 3 529 566 doi 10 2307 1229264 JSTOR 1229264 Charney Jonathan I 1999 The Impact on the International Legal System of the Growth of International Courts and Tribunals PDF Journal of International Law and Politics 31 4 697 708 Archived from the original PDF on 2012 02 08 External links EditText of is available from Justia Library of Congress Oyez oral argument audio REPORTS ARCHIVE FOR THE YEAR 2004 Breard v Greene US Supreme Court Decision 17 Apr 98 Retrieved from https en wikipedia org w index php title Breard v Greene amp oldid 1158563295, wikipedia, wiki, book, books, library,
