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Tamayo Execution Proceeds

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Edgar Tamayo was executed in Texas last night for killing Police Officer Guy Gaddis in 1994.  AP story here.  Prior post here.

The U.S. Supreme Court denied petitions for certiorari and stays of execution in two orders, here and here.  No dissent is noted for the first.  Justices Ginsburg, Breyer, and Sotomayor would have granted the stay in the second.  That is the last-minute Atkins claim of supposed mental retardation.  The Fifth Circuit held, correctly IMHO, that the District Court did not need to put up with this strategy of holding a claim until election eve.

Finally, we agree with the district court that Tamayo's claim was not brought within a reasonable time." See, e.g., In re Osborne, 379 F.3d 277, 283 (5th Cir. 2004). The [Supreme] Court's opinion in McQuiggin was issued on May 28, 2013, nearly 8 months ago. Tamayo waited until January 20, 2014, two days before his scheduled execution, to file this motion. The district court did not abuse its discretion in concluding that this was not a "reasonable time" and in denying the motion. [Footnotes omitted.]

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Just to be clear, there is no requirement to notify the consulate, unless the foreign national requests it.

This is important, because there is the misconception, planted by some, that either the US failed to contact the consulate on behalf of the foreign nationals or that the US prevented the detained foreign nationals from contacting their consulate.

None of those cases exist.

The US's only violation was that the cops didn't say "hey we'll contact your consulate for you,if you want".

If the foreign national or their attorney felt they wanted or needed consular assistance, they would have contacted them on their own.

They didn't.

Is anyone aware of the US State Depts efforts to notify all US police agencies of this treaty?

And how many detained foreign nationals inform the arresting officer "Hey, I am a foreigner"?.

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