Supreme Court of the United States

Torres v. Mullin

November 17, 2003540 U.S. 1035

Summary

Justice Stevens dissented from the denial of certiorari, arguing that Breard’s procedural default rule violates Vienna Convention obligations and should not bar Article 36 claims. He contended the Court’s reasoning was unfaithful to the Supremacy Clause. Justice Breyer, dissenting, would have deferred consideration pending the ICJ’s ruling on the related Avena case.