Tennessee
How Breard v. Greene applies in Tennessee: state-specific rules, key cases, and bar exam notes for International Law.
Tennessee courts recognize the importance of international treaties and obligations, particularly in capital cases. The state is required to consider the Vienna Convention on Consular Relations when an individual subject to its provisions is facing execution.
In Tennessee, the state must notify foreign consulates of an arrested foreign national's detention to comply with international obligations under the Vienna Convention.
The Tennessee Supreme Court held that a failure to notify a foreign consulate could result in a violation of international obligations; however, this did not automatically grant relief to the defendant.
The court affirmed that international treaties must be followed, yet procedural requirements must be met for any claims regarding violations.
In this case, the court ruled that procedural defaults would bar claims under the Vienna Convention unless proper objections were preserved.
Tennessee’s approach aligns with federal law, as both recognize the obligations stemming from the Vienna Convention. However, state courts may enforce procedural requirements more strictly than federal courts, which could affect the availability of claims.
Understanding the implications of Breard v. Greene and the Vienna Convention is crucial for Tennessee bar exam applicants, particularly in questions involving international law or capital cases.