Supreme Court of the United States
Breard v. Greene
April 14, 1998523 U.S. 371
Summary
The Supreme Court denied the petition for an original writ of habeas corpus, the motion to file a bill of complaint, the petitions for certiorari, and the stay applications filed by Angel Francisco Breard and the Republic of Paraguay. The Court held that Breard’s Vienna Convention claim was procedurally defaulted and barred by AEDPA, that the treaty does not provide a private right of action, and that Paraguay lacks standing and is protected by Eleventh Amendment immunity. The Court also declined to stay the execution pending International Court of Justice proceedings.
Holding
- Whether Breard’s Vienna Convention claim is barred by procedural default and AEDPA on habeas review. The claim is barred because Breard failed to raise it in state court and AEDPA precludes an evidentiary hearing after such default
- Whether the Vienna Convention creates an enforceable private right of action to overturn a criminal conviction. The Vienna Convention does not provide a private right of action to set aside a conviction or sentence
- Whether Paraguay, as a foreign state, is a “person” under 42 U.S.C. §1983. Paraguay is not a “person” within the meaning of §1983 and therefore cannot sue under that statute
- Whether the Eleventh Amendment bars Paraguay’s suit against Virginia officials. The Eleventh Amendment bars the suit because the states are immune from suit by a foreign state absent consent
- Whether the Court should grant a stay of execution pending ICJ proceedings. The Court declined to stay the execution, leaving the decision to the Governor of Virginia
Docket 97-8214 (A-732)
Cited authorities
- 28 U.S.C. §§ 2254
- 28 U.S.C. §2254
- 42 U.S.C. § 1983
- 42 U.S.C. § 1983