Medellín: Opposition of Texas to Medellín's Supreme Court Filings

Earlier today, Texas filed its briefs in opposition to Medellín's petition for writ of certiorari, petition for writ of habeas corpus, motion to recall and stay the mandate, and application for stay of execution. Full report here. Medellín is scheduled to be executed tomorrow at 6PM Central Time. In its filings, Texas argued, among other things, that Medellín had already received "review and reconsideration." Texas, however, made the following concession concerning other Mexican nationals (pages 17-18 of the briefs):

[S]ome defendants currently incarcerated in Texas and subject to Avena may not have received "review and reconsideration" of their claims of prejudice under the Vienna Convention on the merits. Accordingly, and as an act of comity, if any such individual should seek review in a future federal habeas proceeding, the State of Texas will not only not refrain from objecting, but will join the defense in asking the reviewing court to address the claim of prejudice on the merits, as courts have done for Medellín.