Maura Dolan posts, "Appeals court overturns injunction against executions in California," at the Los Angeles Times.
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.
The ruling by the Court of Appeals of California, First District, Division Five is available via Leagle.com.
"Calif seeks return of executions after 4-year hold," is the AP report, focused on the pending federal court conference, is via the Silicon Valley Mercury News.
State lawyers are scheduled to appear in federal court in San Jose Tuesday to ask a judge to allow the scheduled execution of Albert Greenwood Brown.
Brown is scheduled to die by lethal injection on Sept. 29 for the for the Riverside County rape and murder of a 15-year-old girl abducted on her way home from school in 1980.
U.S. District Court Judge Jeremy Fogel of San Jose halted executions in California in 2006 and ordered prison officials to improve the procedures for administering lethal injections.
Lawyers for some of the 702 inmates on death row at San Quentin State Prison are seeking an extension of the execution moratorium Fogel imposed.
Earlier coverage from california begins here; related posts are in the lethal injection index.
More on Judge Fogel's 2006 ruling is here. Other posts examining Judge Fogel's federal court hearing on California lethal injection practices include:
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