Mexican citizen arrested for brutal rape and murder. Not advised of Vienna Convention rights at time of arrest. Confession admitted into evidence, convicted of capital murder, and sentenced to death. Appeals, but does not raise claim re: failure to advise of treaty rights. THEN, MX officials learn of his arrest, detention, trial, conviction and sentence.
Files state habeas petition, alleging violation of Vienna Convention rights. Denied at trial level, and appellate level – barred because not raised previous.
Files federal habeas. District court rules procedural default (fails to raise) AND that Vienna Convention does not create judicially enforceable rights. Appellate court rejects also (bound by Breard, notwithstanding recent ICJ decisions)