Leal Garcia v. Texas

Leal Garcia v. Texas, 564 U.S. 940 (2011), was a ruling in which the Supreme Court of the United States denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus. Leal was subsequently executed by lethal injection. The central issue was not Leal's guilt, but rather that he was not notified of his right to call his consulate as required by international law. The Court did not stay the execution because Congress had never enacted legislation regarding this provision of international law. The ruling attracted a great deal of commentary and Leal's case was supported by attorneys specializing in international law and several former United States diplomats.

Leal Garcia v. Texas
Supreme Court of the United States
Decided July 7, 2011
Full case nameLeal Garcia v. Texas
Docket no.11-5001
Citations564 U.S. 940 (more)
131 S. Ct. 2866; 180 L. Ed. 2d 872; 2011 U.S. LEXIS 5019
Case history
PriorApplication for stay and on petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit
Holding
Courts cannot stay an execution on the basis of the then possibility that Congress will, in the future, enact a statute to enforce an international law.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
Per curiam
DissentBreyer, joined by Ginsburg, Sotomayor, Kagan
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