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GARCIA v. STATE

No. 34168.

17 P.3d 994 (2001)

Arturo A. GARCIA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

February 16, 2001.

Attorney(s) appearing for the Case

Morgan D. Harris, Public Defender, and Gary H. Lieberman, Deputy Public Defender, Clark County, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, and James Tufteland and Brian S. Rutledge, Chief Deputy District Attorneys, Clark County, for Respondent.

Before YOUNG, ROSE and BECKER, JJ.

OPINION

ROSE, J.:

SUMMARY

This case presents the issue of whether a foreign national who was not informed of his consular notification rights after being arrested as required by Article 36 of the Vienna Convention on Consular Relations ("Vienna Convention") may suppress his post-arrest statements. Based on the express provisions of the treaty and the State Department's interpretation of the treaty, we conclude that an Article 36 violation...

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