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The President signs a capital punishment treaty with the government of a foreign country, providing that neither country will impose the death penalty on citizens
The President signs a capital punishment treaty with the government of a foreign country, providing that neither country will impose the death penalty on citizens of the other country. The treaty also provides that it will go into effect in both the United States and the foreign country upon its ratification. The Senate ratifies the treaty, and then the foreign country also ratifies the treaty. Subsequently, defendant, a citizen of the foreign country that signed the capital punishment treaty, is convicted in state court of first-degree murder and sentenced to death. Defendant brings a petition for a writ of habeas corpus seeking invalidation of the death sentence on the grounds that executing defendant would violate the treaty. Should the court grant the motion
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