Breard v. Greene

PETITIONER: Breard
RESPONDENT: Greene
LOCATION: The White House

DOCKET NO.: 97-8214
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT: United States Court of Appeals for the Fourth Circuit

CITATION: 523 US 371 (1998)
DECIDED: Apr 14, 1998

Facts of the case

In 1992, Angel Francisco Breard, a citizen of Paraguay, was convicted of the attempted rape and capital murder of Ruth Dickie. Breard was scheduled to be executed by the Commonwealth of Virginia in 1996. Ultimately, Breard filed a motion for habeas relief in Federal District Court, alleging that arresting authorities violated the Vienna Convention on Consular Relations when they failed to inform him that, as a foreign national, he had the right to contact the Paraguayan Consulate. The court concluded that Breard had procedurally default this claim by failing to raise it in state court. The Court of Appeals affirmed. In 1996, Paraguayan officials brought suit alleging that Virginia officials had violated their rights under the Vienna Convention by failing to inform Breard of his treaty rights and the Paraguayan consulate of Breard's situation. Ultimately, the District Court concluded that it lacked jurisdiction. The Court of Appeals affirmed.

Question

May Angel Francisco Breard, a Paraguayan citizen, and various Paraguayan diplomats receive a stay of execution and other relief, respectively, for the capital murder of Ruth Dickie under the Vienna Convention on Consular Relations?