The Facts

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On February 17, 1992, police found the body of Ruth Dickie in her apartment in Arlington County, Virginia. She had been stabbed to death and her assailant had attempted to rape her. Six months later, Angel Francisco Breard was apprehended in the course of an attempted rape in Washington, D.C., and also became a suspect in Dickie's murder, for which he was subsequently indicted.

Hair, blood and other bodily fluid samples found at the scene of the crime were subjected to enzyme testing and DNA analysis. All the samples matched Breard's typing. After a jury trial, Breard was found guilty on June 24, 1993. He was sentenced to ten years' imprisonment and a fine for the attempted rape and condemned to death for the murder. The execution was set for February 17, 1994, but was stayed pending appeals. The Supreme Court of Virginia affirmed the'judgment on June 10, 1994, rejecting Breard's challenges to the death sentence, the constitutionality of the trial court's review of the death sentence, jury matters, the guilt phase, the penalty phase and the sentence review. Breard petitioned the United States Supreme Court for a writ of certiorari, which was denied. On June 29, 1995, the Circuit Court of Arlington County denied Breard's state petition for habeas corpus. The Supreme Court of Virginia refused his petition for appeal onJanuary 17,1996, and denied his petition for rehearing on March 1, 1996. On April 25, 1996, Breard filed a motion in the United States District Court for the Eastern District of Virginia in which he raised, along with various other new issues, an international legal claim based on violation of the Vienna Convention on Consular Relations of 1963.

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