Appeals court overturns injunction against executions in California

September 20, 2010 |  6:10 pm

A state appeals court Monday removed one of the few remaining impediments to the resumption of executions in California, helping clear the way for the lethal injection of an inmate later this month.

“We are acting with the assumption that without any stay in place … that the execution will go forward,” said Chief Assistant Atty. Gen. Dane Gillette.

The state is scheduled to execute Albert Greenwood Brown, convicted of raping and murdering a 15-year-old girl in 1980, on Sept. 29. But a federal judge could still delay executions, and another inmate has challenged a new lethal injection protocol.

The state has not executed anyone in nearly five years.

U.S. District Judge Jeremy Fogel in San Jose halted the execution of Michael Morales in 2006 after his lawyers argued that the lethal injection procedures could expose the condemned to excruciating pain before death. Fogel has scheduled a conference on the case for Tuesday.

In 2007, a task force appointed by Gov. Arnold Schwarzenegger revised the execution procedures. A Marin County judge then blocked them on the grounds they were written without public participation.

After that ruling, the California Department of Rehabilitation and Corrections redrafted the protocols and submitted them for public examination. A state office approved them in July.

Monday’s decision by a court of appeal in San Francisco overturned the Marin County judge’s injunction.

Source: LA Times


One thought on “Appeals court overturns injunction against executions in California

  1. Pending Calif. execution challenged
    Published: Sept. 22, 2010 at 5:36 PM
    SAN QUENTIN, Calif., Sept. 22 (UPI) — California prison officials say they are proceeding with plans to execute a man despite legal wrangling over the lethal injection protocol to be used.

    Convicted Riverside County killer Albert Greenwood Brown, is to die at 12:01 a.m., Sept. 29 in California’s new $853,000 compound inside San Quentin State Prison by lethal injection but it’s the manner by which the injection is carried out that is in question, The Sacramento Bee reported Wednesday.

    Brown has been allowed to intervene in one of two Superior Court cases in Marin County, claiming the Department of Corrections and Rehabilitation still isn’t in compliance with California law governing how the agency should have established new death penalty protocols, the Bee said.

    Brown is also trying to intervene in another case involving the same issue.

    At issue is the legality of a three-drug protocol used by Kentucky and California versus a one-drug lethal injection adopted by Ohio and the state of Washington, the newspaper said.

    Acting Warden Vincent Cullen says he is fully prepared to carry out the planned execution despite Brown’s court battles and other legal challenges that have prevented executions in the state since 2006.


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