California Judge Invalidates Execution Protocol
Marin County Superior Court Judge Faye D'Opal has invalidated California's new execution protocol for multiple failures to comply with the Administrative Procedures Act, including a consideration of the alternative one drug method used elsewhere (and proposed in public comments to the changes.) Six years ago, a federal court in California invalidated the three drug protocol, finding it could constitute cruel and unusual punishment. The state decided to come up with new protocols, for which it had to comply with the Administrative Procedures Act.
D'Opal said...that the state's failure to consider replacing the former execution practice with a single-injection method violated state law and ignored the courts' and public criticism of the previous protocols.
The case is Mitchell Sims vs California Department of Corrections Rehabilitation, et al, case number CIV 1004019. I've uploaded the ruling here. [More...]
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