Maldonado v. State

In Maldonado v. State, 998 S.W.2d 239, 246-247 (Tex. Crim. App. 1999), the Court observed that a violation of the Vienna Convention treaty "would arguably fall under the language in Article 38.23(a)" because states must adhere to treaties under the Supremacy Clause of the United States Constitution "and give them the same force and effect as any other federal law." 998 S.W.2d at 247. But we did not have to determine whether the treaty did in fact fall within the language of Article 38.23. The Court rejected the defendant's claim because the evidence did not establish that the defendant was in fact a foreign national, and hence, no violation of the Vienna Convention treaty was established. Maldonado, 998 S.W.2d at 247. The Court recognized that a foreign national has a right to consult his consulate, and the arresting officers must inform that national of this right without delay. Maldonado, 998 S.W.2d at 246.