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Supreme Court turns down appeal from Death Row Mexican inmates
By Associated Press
Published: 05/24/2005

The Supreme Court turned away an appeal Monday that contended 51 Mexicans on U.S. death row were improperly denied legal help, avoiding a dispute over whether international law is binding on American courts.
The 5-4 decision dismissed the case of Jose Medellin, who argued he was entitled to a federal court hearing on whether his rights were violated when a Texas court tried and sentenced him to death in 1994 on rape and murder charges.
It means the case, which has stirred tensions with foreign countries over convictions of their citizens in violation of international law, will be hashed out in state courts. President Bush in February ordered new state court hearings for the 51 Mexicans, and the court cited that order on Monday.
Texas prosecutors pledged to challenge Bush's authority in the matter. "Jose Medellin voluntarily confessed to the brutal gang-rape and murder of two teenage girls," Texas Solicitor General Ted Cruz said.
Sandra Babcock, an attorney representing the Mexican government, said she remained hopeful that Medellin's international rights would ultimately be recognized in state court.
"All the issues are still open, and Mexico is confident that if and when Mexican nationals receive new consideration, they will prevail," she said.
In an unsigned opinion, the Supreme Court dismissed Medellin's case as premature because of Bush's unexpected order, which came one month before justices heard arguments in the case. The court reserved the right to hear the appeal again once the case had run its full course in state court.


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