Breard v. Greene

Breard v. Greene
Decided April 14, 1998
Full case nameÁngel Francisco Breard v. Fred W. Greene, Warden
Citations523 U.S. 371 (more)
118 S. Ct. 1352; 140 L. Ed. 2d 529; 1998 U.S. LEXIS 2465; 66 U.S.L.W. 3684; 98 Cal. Daily Op. Service 2948; 98 Daily Journal DAR 3979; 1998 Colo. J. C.A.R. 1947; 11 Fla. L. Weekly Fed. S 458
Holding
Defendant could not raise his Vienna Convention claim on federal habeas corpus review. He could not have demonstrated that the alleged violation of the Vienna Convention had an effect on his state trial that ought to have resulted in the overturning of his conviction. The Vienna Convention did not clearly provide a foreign nation with a private right of action in U.S. courts.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Per curiam
ConcurrenceSouter
DissentStevens
DissentBreyer
DissentGinsburg
Laws applied
Vienna Convention on Consular Relations

Breard v. Greene, 523 U.S. 371 (1998), is a United States Supreme Court decision decided on April 14, 1998.[better source needed][1][2] The Court held that Breard would not receive a stay of execution and/or other relief under the Vienna Convention on Consular Relations, thus confirming the constitutional law principle that a Senate-ratified treaty may be overridden by a later domestic statute enacted by Congress.[citation needed]

  1. ^ Justice and Society Program Newsletter Spring 1999 Archived September 27, 2007, at the Wayback Machine The Aspen Institute
  2. ^ "Wash Park Prophet: Geneva Convention Myths and Facts". July 12, 2006.