Deitz v. Money, 391 F.3d 804 (6th Cir. Dec. 13, 2004, as amended Dec. 20, 2004) (reversing district court's dismissal of habeas corpus petition based on four constitutional claims, (1) trial counsel was ineffective for failing to file direct appeal; (2) appellate counsel was ineffective for not raising potential winning issues on appeal, specifically the authorities' failure to (a) provide an interpreter for Deitz during the taking of his plea, (b) advise Deitz of potential immigration consequences of a guilty plea, required by Ohio Rev.

People v. Toscano, ___ Cal.App.4th ___ (2d App. Dist. Nov. 22, 2004) (guilty plea to spousal abuse reversed where trial court breached plea agreement by not permitting defendant to move to strike a prior conviction).
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b1723...

Allen v. Calderon, ___ F.3d ___ (9th Cir. May 3, 2005) (district court erred in dismissing habeas petition without appointing a guardian ad litem and counsel to assist the court in evaluating petitioner's mental competence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0216917p.pdf

Davis v. Woodford, ___ F.3d ___ (9th Cir. September 21, 2004) (fact that some of defendant's actions were eccentric not substantial evidence of incompetency; standard is whether reasonable judge would have experienced doubt with respect to defendant's competency to stand trial); De Kaplany v. Enomoto, 540 F.2d 975, 983 (9th Cir.1976) (en banc).

Mali v. Keeper of Common Jail (Wildenhuss Case), 120 U.S. 1, 17 (1887) (consult has standing under treaty to bring habeas corpus petition on behalf of foreign national); see also Consulate Gen. Of Mexico v. Phillips, 17 F. Supp. 2d 1318, 1322-23 (S.D. Fla. 1998); People v. Corona, (1989) 211 Cal.App.3d 529, 538; 259 Cal. Rptr. 524. LaGrand (Germany v. USA), 2001 I.C.J. 466 (June 27) (Vienna Convention creates individual rights, not only right of consulate) Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 128 (Mar.

Medellin v. Dretke, 544 U.S. 660, 125 S.Ct. 2088 (2005) (per curiam) (United States courts must comply with ruling by International Court of Justice that they must reconsider claims for relief under the Vienna Convention on Consular Relations)

The Washington Defender Association Immigration Project has prepared a description of non-citizens' rights under Art. 36(b) of the Vienna Convention on Consular Relations (VCCR), which requires a foreign consulate to be notified when one of its citizens is being detained by government authorities and what are best practices for ensuring compliance with the VCCR). Washington Defender Ass'n Immigration Project, Practice Advisory on the Vienna Convention (available from Ann Benson, Director, defendimmigrants@aol.com).

In order to forestall claims under Article 36 of the Vienna Convention (VCCR) about consular notification, Seattle state prosecutors are trying to get defendants to admit alienage on the record, in court, at arraignment, so the defendant can sign an acknowledgment of having been advised of the right.

Medellin v. Dretke, ___ U.S. ___(May 23, 2005) (certiorari to review defendant's habeas corpus petition, alleging violation of Vienna Convention rights, improvidently granted where Texas state courts may provide defendant with the relief he seeks).
http://laws.findlaw.com/us/000/04-5928.html

Carter, Linda E. Compliance with ICJ provisional measures and the meaning of review and reconsideration under the Vienna Convention on Consular Relations: Avena and Other Mexican Nationals (Mex. v. U.S.). 25 Mich. J. Intl L. 117-134 (2003).