''Sanchez-Llamas v. Oregon'', 548 U.S. 331 (2006), was a case in which the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

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 en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

Background

Moises Sanchez-Llamas, a national of

Mexico Mexico (Spanish: México), 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 Guatema ...

, was convicted of attempted murder in

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

after engaging police in an armed confrontation. Mario Bustillo, a national of

Honduras Honduras, officially the Republic of Honduras, is a country in Central America. 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 Oce ...

, was convicted of murder in

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

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. 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.''The Supreme Court, 2005 Term — Leading Cases,''
120 Harv. L. Rev. 303 (2006). 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. 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.

References

External links

* {{caselaw source , case = ''Sanchez-Llamas v. Oregon'', 548 U.S. 331 (2006) , cornell =https://www.law.cornell.edu/supct/html/4-10566.ZS.html , courtlistener =https://www.courtlistener.com/opinion/145628/sanchez-llamas-v-oregon/ , googlescholar = https://scholar.google.com/scholar_case?case=15143649953026811980 , justia =https://supreme.justia.com/us/548/331/case.html , oyez =https://www.oyez.org/cases/2005/04-10566 United States Supreme Court cases United States Supreme Court cases of the Roberts Court 2006 in United States case law

Background

Opinion of the Court

See also

References

External links