California appeals court delays new injection plan



The Associated Press
Posted: 11/21/2008

SAN FRANCISCO—California's new lethal injection plan could be further 
delayed, after a state appeals court ruled that the state didn't 
follow proper procedure when devising the plan.
Friday's ruling upholds a lower court decision that state prison 
officials failed to gather public comment and take other required 
steps in forming a new execution plan.
The case stems from a December 2006 ruling by a federal judge that 
California's lethal injection procedure was so badly designed and 
carried out that it was likely to cause pain and suffering.
In response to that, the state attempted to address Fogel's concerns 
by devising this new execution plan. Two condemned inmates sued the 
state over the procedural missteps in Marin County—home to the 
state's death chamber at San Quentin—and Judge Lynn O'Malley Taylor 
ruled in their favor.
The San Francisco-based 1st District Court of Appeal upheld O'Malley 
Taylor's ruling Friday.
The state attorney general's office says it's reviewing the decision 
and has not decided if it will appeal to the California Supreme Court.
If the state chooses not to appeal, the execution plan would have to 
be submitted for public comment that could last for weeks, or months.

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