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.