Medellin v. State of Texas
- Case Date: 2/28/2005
- Project Name: Protecting America's Freedom: National Security and Defense
On March 25, 2008, the U.S. Supreme Court refused to permit a criminal defendant, properly convicted of murder and sentenced to death, to invoke international law as a basis for overturning his conviction. The Court's decision was a victory for WLF, which filed a brief urging the Court to reject the appeal. WLF argued that a Mexican citizen convicted of murdering two teenage girls in 1993 has received more than a fair review of his sentence and that it is time now to bring his appeal rights to a close. WLF filed its brief on behalf of Randy and Sandy Ertman, the parents of one of the murder victims: 14-year-old Jenny Ertman. The Supreme Court held that neither the International Court of Justice (ICJ) nor President Bush have the authority to order Texas courts to reconsider the conviction and death sentence. The Court held that ICJ decisions are not incorporated into U.S. law unless Congress mandates incorporation (something not done here) and thus are not enforceable in U.S. courts.
More Information and Downloads:
8/23/2007: Download the Brief
2/28/2005: Download the Brief
Litigation Update: Court Refuses to Allow International Law to Trump U.S. Criminal Laws