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2017.
Provisional Measures before International Courts and Tribunals.
p.
274.
Article contents
The Facts
Published online by Cambridge University Press: 27 February 2017
Extract
On February 17, 1992, police found the body of Ruth Dickie in her apartment in Arlington County, Virginia. She had been stabbed to death and her assailant had attempted to rape her. Six months later, Angel Francisco Breard was apprehended in the course of an attempted rape in Washington, D.C., and also became a suspect in Dickie’s murder, for which he was subsequendy indicted. As summarized in the appellate review of Breard’s conviction by the Supreme Court of Virginia,
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References
1 Breard v. Virginia, 445 S.E.2d 670, 674 (1994).
2 Id. at 674–82.
3 Breard v. Virginia, 513 U.S. 971 (1994).
4 Breard v. Netherland, 949 F.Supp. 1255, 1260 (E.D. Va. 1996), aff'd, 134 F.3d 615 (4th Cir. 1998).
5 Id.
6 Id.
7 Id. For the Convention, Apr. 24, 1963, see 21 UST 77, 596 UNTS 261.
8 Brief for the United States as Amicus Curiae at 8–9, Breard v. Greene, 118 S.Ct. 1352 (1998) (Nos. 97–1390, 97–8214).
9 Breard v. Netherland, 949 F.Supp. at 1263 (citations omitted).
10 Republic of Paraguay v. Allen, 949 F.Supp. 1269, 1272 (E.D. Va. 1996), aff'd, 134 F.3d 622 (4th Cir.), cert. denied sub nam. Breard v. Greene, 118 S.Ct. 1352 (1998).
11 134 F.3d at 629 (citation omitted).
12 Breard v. Pruett, 134 F.3d 615, 619 (4th Cir.), cert, denied sub nam. Breard v. Greene, 118 S.Ct. 1352 (1998) (citing Faulder v.Johnson, 81 F.3d 515 (5th Cir.), cert, denied, 117 S.Ct. 487 (1996)).
13 Murphy v. Netherland, 116 F.3d 97, 100 (4th Cir. 1997).
14 Breard v. Pruett, 134 F.3d at 619–20.
15 Id. at 620 (quoting Murphy, 116 F.3d at 100).
16 Id. at 621.
17 Id. at 622 (citations omitted).
18 Vienna Convention on Consular Relations, supra note 8.
19 Application of the Republic of Paraguay (Para. v. U.S.), para. 25 (Apr. 3, 1998) ‹http://www.icj-cij.org› [hereinafter ICJ Web site].
20 International Court of Justice Statute, June 26, 1945, 59 Stat. 1055, TS No. 993.
21 For the transcript, see Court Oral Pleadings, Docs. CR 98/7 and 98/8, ICJ Web site, supra note 19. The Court was in session at the time, being engaged in its deliberations on another case. Later that evening, the parties agreed on the written procedure. The Memorial and Counter-Memorial were to be filed on June 9 and September 9, respectively. The expectation was that the Court would hear the merits in the fall. Paraguay, however, later requested an extension, and on June 9 the Acting President substituted October 9 and April 9, 1999, for the deposit of these two pleadings.
22 Case concerning the Vienna Convention on Consular Relations (Para. v. U.S.), Provisional Measures, paras. 18, 20 (Order of Apr. 9, 1998), ICJ Web site, supra note 19.
23 Id., para. 19.
24 Id., para. 20.
25 Id., para. 32.
26 Id., paras. 33–34.
27 Id., para. 37.
28 Id., para. 39.
29 Id., para. 41.
30 Id., para. 38. The ICJ set a briefing schedule for the case, with oral argument likely to be held in November 1998.
31 Letter from Madeleine K Albright, U.S. Secretary of State, to James S. Gilmore III, Governor of Virginia (Apr. 13, 1998).
32 Brief for the United States as Amicus Curiae, supra note 8, at 49–51 (citations omitted).
33 Breard v. Greene, 118 S.Ct. 1352, 1354 (1998).
34 Id. at 1355.
35 Id. at 1356.
36 Id. at 1357.
37 Commonwealth of Virginia, Office of the Governor, Press Office, Statement by Governor Jim Gilmore Concerning the Execution of Angel Breard (Apr. 14, 1998).
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