California,  Death Penalty

California Executions May Resume By the End of 2008? NO They Won’t

clarence ray allen

In this photo released of Benjamin Vaughn, lower right, with his greatuncle Clarence Ray Allen, lower left, and Allen’s son Roger Allen,upper left, and his wife, Dell Ray Allen, upper right, inside San Quentin Prison in San Quentin, Calif., Monday, Jan. 16, 2006, before the execution of Allen. Allen, 76, was sentenced to death for ordering the slaying of three people at a Fresno, Calif., market while he was behind bars in 1980 for another murder. The last California execution.

Back in April there was some hope that the State of California would resume the death penalty for the slime of the earth so convicted of capital crimes.

Remember that executions were halted in California by Federal Judge Jeremy Fogel who ruled that the three drug cocktail for lethal injections was unconstiutional – “cruel and unusal punishment.”

The United States Supreme Court overruled Judge Fogel in a different case and in so doing paved the way for a resumption of the California death penalty.

Or not.

There will be no executions by California in the near future.

An appellate court has ruled the state failed to follow required procedures in fashioning a revised protocol for administering lethal injections.

The revised protocol was not vetted through a period of public notice and comment, as required by the state’s Administrative Procedures Act, a three-judge panel of the 1st District Court of Appeal in San Francisco ruled Friday.

The Department of Corrections and Rehabilitation’s failure to comply invalidated the protocol, the panel concluded.

The ruling leaves the state with two options: send the protocol through the notice and comment process or appeal to the California Supreme Court, which may or may not agree to review the matter.

Of course, ending California executions was BS in the first place with declaring that lethal injections were cruel and unusual punishment. But, what is the excuse from the Arnold Schwarzenegger Administration this time?

Guess they are too incompetent to follow the rules.

In the meantime, murderers like Michael Angelo Morales languish on death row at San Quentin.

So, Judge Fogel’s BS order halting the California death penalty remains until the State of California follows the law and gains approval of a revised protocol for executing these capital criminals.

Stay tuned……

Previous:

California Executions May Resume By the End of 2008

Michael Morales Watch: US Supreme Court Upholds Lethal Injection Executions

Michael Morales Watch: Lethal Injection Hearings Delayed Again

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Halts Construction of San Quentin Death Chamber

Michael Angelo Morales Watch: New San Quentin Death Chamber Under Construction

Michael Angelo Morales Watch: California Governor Schwarzenegger Proposes Revised 5-Point Lethal Injection Protocol

Michael Morales Watch: Judge
Jeremy Fogel Rules – California Method of Lethal Injection Violates a
Constitutional Ban on Cruel and Unusual Punishment

Michael Angelo Morales Watch: Execution Postponed INDEFINITELY

Michael Angelo Morales Watch: Execution Tonight?

Michael Angelo Morales Watch: Execution Delayed by Doctor Walk Out

Michael Angelo Morales Watch: United States Supreme Court Refuses to Halt Morales Execution

Michael Angelo Morales Watch: California Governor Arnold Schwarzenegger Denies Clemency Petition

Michael Angelo Moreno Watch: State Agrees to Place Anesthesia Expert in Death Chamber

Michael Angelo Morales Watch: Lawyers Withdraw Allegedly Faked Juror Statements Supporting Their Clemency Bid

Michael Angelo Morales Watch: Federal Judge May Delay Execution

Michael Angelo Morales Watch: Ventura County Judge Asks California Governor Schwarzenegger for Clemency

Michael Angelo Morales Watch: Kenneth Starr to Assist Death Row Clemency Bid


Technorati Tags: , , , , ,