I’m of the opinion that real legal issue is compliance with the treaty.
Does the treaty REQUIRE the defendant to be notified that he has the right to contact the consulate? If not, then there is no reason to stop the execution
Even if there is the requirement - Was he notified by anyone prior to his trial that he has the right to contact the consulate? Including his defense team?
Did someone else, acting on his behalf, contact the consulate? Perhaps a relative?
If he did contact the consulate, or if someone contacted the consulate on his behalf, there is no reason to stop the execution
Was he afforded the opportunity to contact the consulate and then refused? This would require a proof positive in that it is a bit of a negative. In other words, there would need to be a document that showed he chose not to contact the consulate.
The SC ruled it is not binding on the states until the congress passes legislation, in this particular case, to adhere to the notification requirement.
That's why everyone is just 'asking' for Perry to postpone the execution. He has no legal obligation to do so. This POS has had every appeal denied. Time for him to go the way of his victim.