On April 30, 2007, the Supreme Court granted a petition for certiorari that Debevoise filed on behalf of José Medellín, a national of Mexico on death row in Texas. Mr. Medellín's case before the Supreme Court comes in the wake of President Bush's February 2005 determination that state courts would provide the review and reconsideration ordered by the International Court of Justice in Avena and Other Mexican Nationals, which held that Mr. Medellín's rights and those of 50 other Mexican nationals under the Vienna Convention on Consular Relations were violated by the United States when they were tried and sentenced to death without being provided notice of their right to consular assistance. Shortly after its representation of Mexico in Avena, Debevoise obtained Supreme Court review of Mr. Medellín's case on December 10, 2004, on the question of whether, under the Supremacy Clause of the Constitution, United States courts must give effect to the Avena judgment. In April 2005, however, the Supreme Court declined, after hearing oral argument, to decide whether the Avena judgment was enforceable in United States courts since President Bush had determined that state courts would provide the required review and reconsideration. The Supreme Court's decision explicitly contemplated, however, that Mr. Medellín would have an opportunity to return to the Supreme Court to seek review of the state court's treatment of his petition.

In September 2005, the Texas Court of Criminal Appeals heard argument on whether Texas must give effect to the Avena judgment and the President's determination. On November 15, 2006, the Texas court denied relief, expressly holding that the President of the United States has no authority to enforce the undisputed treaty obligation of the United States to abide by the Avena judgment in the cases of the Mexican nationals addressed in that judgment. The Supreme Court has now agreed to review the Texas court's judgment.

To preserve Mr. Medellín's rights under the applicable statute of limitations, we have also filed a habeas corpus petition on his behalf in the United States District Court for the Southern District of Texas, and we have asked that court to hold the proceedings in abeyance pending a decision by the Supreme Court.

The briefs and other materials from Mr. Medellín's proceedings before the Supreme Court and the Court of Criminal Appeals of Texas are available below, as is the Avena judgment:

Supreme Court Proceedings (2008)

Petitioner:

Petition for a Writ of Certiorari

Petition for Writ of Habeas Corpus

Motion to Recall and Stay the Court's Mandate

Application for Stay of Execution

Reply Brief

Respondent:

Brief in Opposition

Reply to Petition for Original Writ of Habeas Corpus

Opinion:

Opinion of the Supreme Court of the United States

Supreme Court Proceedings (2007)

Petition Phase

Petition for a Writ of Certiorari of Petitioner José Medellín

Respondent's Brief in Opposition

Petitioner's Reply to Respondent's Brief in Opposition

Amici Briefs:

Brief of the United States as Amicus Curiae

Brief Amicus Curiae of the Government of the United Mexican States

Brief of International Court of Justice Experts as Amici Curiae

Merits Phase

Petitioner:

Brief for Petitioner

Reply Brief for Petitioner

Amici Briefs:

Brief for the United States as Amicus Curiae Supporting Petitioner

Brief of Amici Curiae Ambassador L. Bruce Laingen et al. in Support of Petitioner

Brief of Former United States Diplomats as Amici Curiae in Support of Petitioner

Brief of Amici Curiae the European Union and Members of the International Community in Support of Petitioner

Brief of International Court of Justice Experts as Amici Curiae in Support of Petitioner

Brief of Earthrights International as Amicus Curiae in Support of Neither Party

Brief Amicus Curiae of the Government of the United Mexican States in Support of Petitioner José Ernesto Medellín

Brief of Foreign Sovereigns as Amici Curiae in Support of Petitioner José Ernesto Medellín

Brief of the American Bar Association as Amicus Curiae in Support of Petitioner

Respondent:

Brief for Respondent

Amici Briefs:

Brief Amici Curiae of Randy and Sandra Ertman and the Criminal Justice Legal Foundation in Support of Respondent 

Brief of Washington Legal Foundation, Randy and Sandra Ertman, and Allied Educational Foundation, as Amicus Curiae in Support of Respondent

Amicus Curiae Brief of Constitutional and International Law Scholars in Support of Respondent

Amicus Curiae Brief of Mountain States Legal Foundation in Support of Respondent

Brief Amicus Curiae of Former Senior Officials of the Department of Justice in Support of Respondent

Brief of the Commonwealth of Virginia, 27 Other States, and Puerto Rico as Amici Curiae in Support of Texas

Opinion: 

Opinion of the Supreme Court of the United States

Supreme Court Proceedings (2004-2005)

Petition Phase

Petition for a writ of certiorari of Petitioner José Ernesto Medellín

Brief in opposition of Respondent Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Reply of Petitioner José Ernesto Medellín

Amici Briefs:

Brief amici curiae of International Law Experts, et al.

Brief amicus curiae of Government of the United Mexican States

Brief amici curiae of Foreign Sovereigns

Brief amici curiae of Ambassador Bruce Laingen, et al.

Brief amici curiae of European Union and Members of the International Community

Brief amici curiae of Human Rights Organizations

Merits Phase

Petitioner:

Merits Brief of Petitioner José Ernesto Medellín 

Petitioner's Motion to Stay

Petitioner Reply Brief

Amici Briefs:

Brief Amici Curiae of the Government of the United Mexican States

Brief Amici Curiae of the European Union and Members of International Community

Brief Amici Curiae of the American Bar Association

Brief Amici Curiae of Study Abroad and Missionary Organizations

Brief Amici Curiae of Bar Association and Human Rights Organizations

Brief Amici Curiae of Foreign Sovereigns

Brief Amici Curiae of International Law Experts, et al

Brief Amici Curiae of Former U.S. Diplomats

Brief amici curiae of Ambassador Bruce Laingen, et al.

Respondent:

Brief of Respondent Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Respondent Response to Motion to Stay

Amici Briefs:

Brief Amici Curiae of Alliance Defense Fund in support of Respondent

Brief Amici Curiae of District Attorneys Association in support of Respondent

Brief Amici Curiae of International Law Professors in support of Respondent

Brief Amici Curiae of Liberty Legal Institute in support of Respondent

Brief Amici Curiae of Mountain States Legal Foundation in support of Respondent

Brief Amici Curiae of Senator Cornyn in support of Respondent

Brief Amici Curiae of Washington Legal Foundation in support of Respondent

Brief Amicus Curiae of the United States in support of Respondent

Annex 2 of the Brief Amicus Curiae of the United States in support of Respondent (Presidential Directive)

Amicus Brief for Alabama et al. in Support of Respondent

Proceedings in the Court of Criminal Appeals of Texas

2008

On Motion for Authorization to File Successive Petition

Petition for a Writ of Habeas Corpus

Motion for Authorization to File Successive Petition for Writ of Habeas Corpus

Application for a Stay of Execution

2007

Petition Phase

Subsequent Application for Post-Conviction Writ of Habeas Corpus 

Court of Criminal Appeals Order 

Merits Phase

Petitioner:

Merits Brief of Petitioner José Ernesto Medellín 

Reply Brief of Petitioner José Ernesto Medellín

Amici Briefs:

Brief Amicus Curiae of the Government of the United Mexican States 

Brief Amici Curiae of the European Union and Members of International Community

Brief Amici Curiae of Foreign Sovereigns

Brief Amici Curiae of Former U.S. Diplomats

Brief Amicus Curiae of American Citizens Abroad 

Brief Amici Curiae of International Law Experts

Brief of the United States as Amicus Curiae:

US Amicus

Respondent:

Brief of Respondent Texas

Amici In Support of Respondent:

Brief Amici Curiae of Professors of International Law, Federal Jurisdiction and Foreign Relations Law

Brief Amici Curiae of Alabama, Montana, Nevada and New Mexico

Brief Amicus Curiae of the Criminal Justice Foundation

Opinion of the Court of Criminal Appeals of Texas

Court of Criminal Appeals Opinion

Avena and Other Mexican Nationals

Judgment of the International Court of Justice

Sanchez-Llamas v. Oregon / Bustillo v. Johnson

Sanchez-Llamas and Bustillo Briefs