Actually, in the very case you refer to or another one with essentially the same set of facts (as Texas was not the only state found to have "forgotten" to notify the (usually Mexican) defendant's consular officials of his arrest, the State of Texas was found to have violated the law in failing to notify, and the "relief" granted the appellant was that the conviction was voided and returned for re-trial.

  Thus, the appellant won only a new trial, I believe, under the theory that, had the consular officials been aware, they may have been able to offer assistance that may have changed the outcome--this is according to my faulty memory as I have not gone to the trouble of checking FindLaw on this case; but it seems to me I read a news report that the State of Texas was ordered on appeal to start respecting the treaty obligations to notify consular officials of the arrest of Mexican nationals--which happens often in Texas, of course.

  I say, good for the appeals ruling! and Shame on you, Texas!

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