Virginia Supreme Court rejects novel Vienna Convention remedy

As detailed in this post, earlier this month a state court judge in Virginia issued an interesting and ground-breaking opinion which declared that prosecutors could not seek the death penalty in a capital murder case because police had violated the defendant’s Vienna Convention rights.  But, earlier this week, as detailed in this Washington Post article, the Virginia Supreme Court reversed this ruling and declared “that prosecutors can ask for the death penalty in the case of a Vietnamese man accused of strangling a Fairfax County woman and her 22-month-old daughter.”