Opinion

Valdez v. State

  • 73 O.B.A.J. 1560
  • 46 P.3d 703
  • 2002 OK CR 20
  • 2002 Okla. Crim. App. LEXIS 23
  • 2002 WL 809243
Court
Court of Criminal Appeals of Oklahoma
Filed
May 1, 2002
Status
Published
Author
Lile
On the bench
Johnson, Lumpkin, Chapel, Strubhar, Lile
Cited by
24 cases

granting postconviction relief to a defendant who had failed to raise a Vienna Convention violation at trial, because he showed that his lawyer “could have obtained financial, legal and investigative assistance from his consulate” that would have produced important new evi dence

How later courts described this case

  • granting postconviction relief to a defendant who had failed to raise a Vienna Convention violation at trial, because he showed that his lawyer “could have obtained financial, legal and investigative assistance from his consulate” that would have produced important new evi dence
  • granting subsequent application for post-conviction relief on the basis of a violation of the Vienna Convention on Consular Relations due to state’s failure to notify petitioner of right to communicate with Mexican consular officials
  • in state post-conviction proceeding, considering LaGrand, the court held that Breard precluded it from considering a procedurally defaulted Article 36 claim

Written by the judges who cited it.

The opinion

*713 LILE, Judge:

specially concurs.

T1 As the United States Supreme Court has noted, in cases such as this, it may be very difficult to establish that a failure to notify defendant of his treaty rights resulted in prejudice. In this case, that difficult burden has been met. Appellant is entitled to a re-sentencing hearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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