(This is great News for all those think everyone is entitled to a FAIR trial, I think. Anyone know if means the other 50 will get re-trials?)
Justices dismiss case of Mexican on death rowMon May 23, 2005 11:20 AM ET
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court dismissed on Monday the case of a Mexican on death row after President Bush said the defendant and 50 other inmates should get new hearings because they weren't told of their right to talk to Mexican officials. The high court declined to decide the merits of the dispute involving Jose Medellin, who is on death row in Texas. He was denied the right to meet a consular officer from Mexico after his arrest for murder.
On Feb. 28, Bush decided to comply with a World Court decision and said state courts should review the 51 cases to determine whether the violation of their rights caused them any harm at trial or at sentencing. Although Bush called for review of the cases, he then withdrew the United States from the part of the treaty that gives the World Court enforcement authority to decide future disputes involving foreign inmates.
After Bush's action, Medellin filed a separate request for relief in the Texas state courts. "This state court proceeding may provide Medellin with the very reconsideration of his Vienna Convention claim that he now seeks in the present proceeding," the high court said in its ruling.
The Supreme Court's ruling, by a 5-4 vote, cleared the way for the case to go forward in the Texas courts. The justices said it was possible the case could come back to the Supreme Court after the state court rules. Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston, Texas. The brutal killings stemmed from a gang initiation.
(more at link above)