STATE v. NAVARRO

No. 02-0850-CR.

260 Wis.2d 861 (2003)

2003 WI App 50

659 N.W.2d 487

STATE of Wisconsin, Plaintiff-Respondent, v. Jose Carlos NAVARRO, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 19, 2003.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael S. Holzman of Rosen and Holzman Ltd. of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Maura FJ Whelan, assistant attorney general.

Before Nettesheim, P.J., Brown and Snyder, JJ.


¶ 1. BROWN, J.

This case presents an issue of first impression in Wisconsin. Jose Carlos Navarro contends that Article 36 of the Vienna Convention bestows a judicially enforceable individual right upon foreign nationals who have been detained by police to consult with the consular officials of their country. He argues that because the police failed to notify him of this right at the time he was arrested, the police violated his right to consular notification...

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