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June 10, 2010

California regulators reject state's revised lethal injection plan

As detailed in this new AP piece, which is headlined "Regulators reject new death penalty procedures," California's long-stalled efforts to get back in the business of executions has hit another snag.  Here are the basics:

California regulators have rejected proposed new death penalty procedures, further delaying the resumption of executions stalled by court order since 2006.

The Office of Administrative Law on Tuesday rejected the proposed regulations drafted by prison officials, who have until Oct. 6 to submit revisions.  The court cases challenging California's capital punishment law will remain on hold until the proposed regulations are approved.

The office identified several passages that conflicted with state law, were unclear or failed to properly state reasons for the new procedures....

The duty of the Office of Administrative Law is to ensure that state agencies follow proper procedures in drafting proposed regulations.  Its approval of the lethal injections protocol was seen as a mere formality.  But on Tuesday, the obscure state agency sent prison officials a blistering 21-page "decision of disapproval of regulatory action."...

The American Civil Liberties Union, which is challenging California's death penalty in federal court, called on Schwarzenegger to abolish the death sentence.  "We believe the flaws are too fundamental and at some point we have to stop," said the ACLU's Natasha Minsker.  "This really demonstrates that the CDCR has not really taken the process seriously."

June 10, 2010 at 04:31 PM | Permalink

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Comments

The lawyer pretexts are infinite.

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"The office identified several passages that conflicted with state law...."

When did that start to matter?

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