Sanchez-Llamas v. Oregon

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Sanchez-Llamas v. Oregon

Seal of the United States Supreme Court.svg

Argued March 29, 2006
Decided June 28, 2006
Full case nameMoises Sanchez-Llamas v. Oregon
Citations

548 U.S. 331 ( more )

126 S. Ct. 2669; 165 L. Ed. 2d 557; 2006 U.S. LEXIS 5177
Argument Oral argument
Holding
States could admit evidence against defendants even if the evidence was obtained in violation of the Vienna Convention.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens  · Antonin Scalia
Anthony Kennedy  · David Souter
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Case opinions
Majority Roberts, joined by Scalia, Kennedy, Thomas, Alito
Concurrence Ginsburg
Dissent Breyer, joined by Stevens, Souter; Ginsburg (Part II)

Sanchez-Llamas v. Oregon, 548 U.S. 331 (2006), was a case in which the United States Supreme Court held that a state court did not have to exclude evidence that was admitted into court in violation of Article 36 of the Vienna Convention on Consular Relations.

In the United States, the exclusionary rule is a legal rule, based on constitutional law. The rule prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".

Vienna Convention on Consular Relations treaty

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent states. A consul normally operates out of an embassy in another country, and performs two functions: (1) protecting in the host country the interests of their countrymen, and (2) furthering the commercial and economic relations between the two states.

Contents

Background

Moises Sanchez-Llamas, a national of Mexico, was convicted of attempted murder in Oregon after engaging police in an armed confrontation. Mario Bustillo, a national of Honduras, was convicted of murder in Virginia for beating a man to death with a baseball bat. Neither man had his consulate informed of the charges against him, as is required by Article 36 of the Vienna Convention on Consular Relations.

Mexico country in the southern portion of North America

Mexico, officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatemala, Belize, and the Caribbean Sea; and to the east by the Gulf of Mexico. Covering almost 2,000,000 square kilometres (770,000 sq mi), the nation is the fifth largest country in the Americas by total area and the 13th largest independent state in the world. With an estimated population of over 120 million people, the country is the eleventh most populous state and the most populous Spanish-speaking state in the world, while being the second most populous nation in Latin America after Brazil. Mexico is a federation comprising 31 states and Mexico City, a special federal entity that is also the capital city and its most populous city. Other metropolises in the state include Guadalajara, Monterrey, Puebla, Toluca, Tijuana and León.

Oregon State of the United States of America

Oregon is a state in the Pacific Northwest region on the West Coast of the United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. The parallel 42° north delineates the southern boundary with California and Nevada. Oregon is one of only three states of the contiguous United States to have a coastline on the Pacific Ocean.

Honduras republic in Central America

Honduras, officially the Republic of Honduras, is a country in Central America. It has at times been referred to as Spanish Honduras to differentiate it from British Honduras, which became modern-day Belize. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, and to the north by the Gulf of Honduras, a large inlet of the Caribbean Sea.

Both Sanchez-Llamas and Bustillo filed state habeas petitions in their respective cases arguing that their right to consular notification had been violated. In both Oregon and Virginia, the courts ruled that because the claims were not argued at the trial court level they were procedurally barred. The supreme courts of Oregon and Virginia both upheld the states' procedural bars. The two cases were then consolidated and argued before the United States Supreme Court.

Opinion of the Court

In an opinion by Chief Justice John Roberts, the Court held that states could admit evidence against defendants even if the evidence was obtained in violation of the Vienna Convention. [1] The Court reasoned that the exclusionary rule is idiosyncratic to American jurisprudence and so could not have been in contemplation by other nation-states when they ratified the Vienna Convention.

Chief Justice of the United States senior justice of the Supreme Court of the United States

The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, and as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die.

John Roberts Chief Justice of the United States

John Glover Roberts Jr. is an American attorney serving as the 17th and current Chief Justice of the United States, since 2005. He was nominated by President George W. Bush after the death of Chief Justice William Rehnquist, and has been described as having a conservative judicial philosophy in his jurisprudence. Even so, Roberts has shown a willingness to work with the Supreme Court's liberal bloc and has come to be regarded as a key swing vote on the Court.

The Court also held that Article 36 claims not timely brought could be procedurally barred by state procedural default rules.

However, the Supreme Court was unwilling to rule whether or not Article 36 created individual rights that had to be honored in state criminal proceedings.

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