On Monday, the Supremes granted cert. in two cases to hear consular notification issues. The cases are Sanchez-LLamas v. Oregon, No. 04-10566, and Bustillo v. Johnson, No. 05-51. Three questions are presented:

1. Does the consular notification treaty confer an individual right enforceable in US courts?

2. Can the failure to notify a detainee of his consular notification rights result in supression of a statement?

3. May a state refuse to consider consular notification violations because of a procedural bar or because the treaty does not create individually enforceable rights?

This topic is long overdue for review by the SCOTUS. The CCA has kept deferring and the issue keeps coming up. We can only hope for a favorable outcome.

While not definitive, I found that the last decision from the CCA had some good stuff in it:
Sorto v. State, No. AP-74,836

John,

The CCA opinion you reference triggered my preceding reply. Until SCOTUS decides the issues, the CCA will (rightly) keep dodging them. Maybe Alito will hear the cases!