Jose Ernesto Medellin v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
No. 04-5928

Subject:

Mexican Nationals, International Court of Justice, Vienna Convention, Death Penalty

The United States and Mexico are party to the Vienna Convention on Consular Relations and its Optional Protocol Concerning the Compulsory Settlement of Disputes. Acting on the consent set forth in the Optional Protocol, Mexico initiated proceedings in the International Court of Justice seeking relief for the violation of Petitioner’s Vienna Convention rights. On March 31, 2004, the Court rendered a judgment that adjudicated Petitioner’s rights. Avena and Other Mexican Nationals (Mex. v. U.S.) , 2004 I.C.J. 128 (Mar. 31). The Avena Judgment built on the Court’s rulings in LaGrand (F.R.G. v. U.S.), 2001 I.C.J. 104 (June 27), an earlier case also brought under the Optional Protocol.

On Petitioner's application for a certificate of appealability of the denial of his petition for habeas corpus, the United States Court of Appeals for the Fifth Circuit held that precedents of this Court and its own barred it from complying with the LaGrand and Avena Judgments.

1. In a case brought by a Mexican national whose rights were adjudicated in the Avena Judgment, must a court in the United States apply as the rule of decision, notwithstanding any inconsistent United States precedent, the Avena holding that the United States courts must review and reconsider the national's conviction and sentence, without resort to procedural default doctrines?
   
   
2. In a case brought by a foreign national of a State party to the Vienna Convention, should a court in the United States give effect to the LaGrand and Avena Judgments as a matter of international judicial comity and in the interest of uniform treaty interpretation?

• U.S. Court of Appeals - 5th Circuit Opinion Filed: May 20, 2004
• United States Supreme Court, Cert. Granted: December 10, 2004

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

• [Coming Soon]

Ulysses Tory, et al. v. Johnnie L. Cochran
No. 03-1488

Subject:

First Amendment, Free Speech, Permanent Injunction against Speech, Defamation

Whether a permanent injunction as a remedy in a defamation action, preventing all future speech about an admitted public figure, violates the First Amendment.

• Court of Appeal of California, Unpublished Opinion Filed: October 29, 2003
• United States Supreme Court, Cert. Granted: September 28, 2004

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

• [Coming Soon]

Jon B. Cutter, et al. v. Reginald Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al.
No. 03-9877

Subject:

Establilshment Clause, Religious Land Use and Institutionalized Persons Act

Whether Congress violated the Establishment Clause by enacting the RReligious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1 through § 2000cc-5, which requires state officials to lift unnecessary governmental burdens imposed on the religious exercise of institutionalized persons under their control.

• U.S. Court of Appeals - 6th Circuit, Opinion Filed: November 7, 2003
• United States Supreme Court, Cert. Granted: October 12, 2004

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

• [Coming Soon]