INTRODUCTORY NOTE TO THE SUPREME COURT OF NEVADA: GUTIERREZ V. NEVADA, UNPUBLISHED ORDER OF REVERSAL AND REMAND, NO. 53506

摘要

Article 36(1) of the Vienna Convention on Consular Relations provides that a consular officer shall, if requested by a national of the sending state arrested in the receiving state, be informed of the arrest by the authorities of the receiving state "without delay [and] shall have a right to visit [and assist the arrested] national." It also provides that "said authorities shall inform the person concerned without delay of his rights" to communicate with the consular officer. Carlos Gutierrez, a Mexican national, pleaded no contest to the charge of first degree murder when prosecuted for causing his three-year old daughter's death by abuse and was sentenced to death. Mr. Gutierrez was not informed of his right to consular assistance.