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Marin judge rejects lethal injection procedures
mercurynews.com ^ | December 17, 2011 | Paul Elias

Posted on 12/17/2011 8:57:24 AM PST by KingofZion

A judge tossed out California's newly adopted lethal injection procedure on Friday, throwing the state's already stalled capital punishment system into further doubt.

Marin County Superior Court Judge Faye D'Opal, finalizing a tentative ruling she issued a day earlier, said prison officials failed to properly explain why they rejected a one-drug process using only a barbiturate when one of their experts recommended it as being superior to the three-drug mixture that was adopted to execute inmates.

*** Prison officials will now either have to appeal or again revise their lethal injection procedures and submit them to public comment, a process that took more than a year last time.

D'Opal's ruling is the second court decision barring executions in California. A federal judge imposed a de facto moratorium on executions in 2006 after finding the lethal injection process was flawed in the state.

One of the state's responses to that finding was to adopt the new execution procedure, which D'Opal's ruling struck down.

In her decision, D'Opal also said the Corrections Department failed to disclose the costs of executions, all of which are conducted at San Quentin Prison in Marin County.

The judge noted that former San Quentin Prison Warden Jeanne Woodford said each execution costs the state between $70,000 and $200,000 in overtime for staff, crowd control, training, security and other expenses associated with carrying out lethal injections.

The judge, additionally, said prison officials failed to properly notify the 720 inmates on California's death row of the new procedures.

Sims filed the lawsuit challenging the new regulation last year. He was convicted of killing a 21-year-old pizza deliveryman in 1985 and had killed two other Domino's Pizza employees four days earlier in South Carolina. He's also was sentenced to die in that state.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Crime/Corruption; News/Current Events; US: California
KEYWORDS: capital; death; penalty; punishment
I've got a solution - let's go back to hanging and or firing squads. These methods are clearly constitutional as they were in use when the constitution was written.

Then let's terminate this judge's employment at the next election.

And finally it is time to pull the plug on this perp.

1 posted on 12/17/2011 8:57:35 AM PST by KingofZion
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To: KingofZion

Hanging works. Heck, you save tons of money as you can re-use the rope.


2 posted on 12/17/2011 9:01:12 AM PST by Grunthor (Unrepentant breeder.)
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To: KingofZion
I've got a solution - let's go back to hanging and or firing squads.

Nah, heroin. People do that voluntarily, and if they fail to die, try again. No one could ever argue that it was either cruel or unusual.

3 posted on 12/17/2011 9:02:13 AM PST by Carry_Okie (GunWalker: Arming "a civilian national security force that's just as powerful, just as well funded")
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To: KingofZion
Judge Marin


4 posted on 12/17/2011 9:06:30 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: KingofZion

um.... why can’t we just use the exact same method that liberals approve of for killing stray animals at the animal shelter?

If it’s humane enough to kill fluffy, I think it’s humane enough to kill a serial killer.


5 posted on 12/17/2011 9:08:48 AM PST by TexasFreeper2009 (Newt Gingrich 2012!)
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To: KingofZion

In the long run these guys will be let out of the system because California can’t afford to keep them there or better yet it’s all about social justice set them free because they had a bad childhood and are of a certain color or ethnic background not because they murdered an inoccent family. Newt is right on this, these crazy a## judges are dictating from the bench on the side of the criminal and not the Americans who were victimized by these animals. WHO PAYS THIER SALARIES? WHO IS THIER BOSS? IF THEY ARE NOT DOING THIER JOB THEY NEED TO BE REMOVED!Newt got the most applause in the last debate over this very problem.


6 posted on 12/17/2011 9:11:19 AM PST by ronnie raygun (V)
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To: KingofZion
Marin County is San Francisco North. 80%+ libs with very good paying jobs(full of lib 1%ers) who fled the City to avoid Hippie Scum, but still hold all their values.

This ruling comes as no surprise.

7 posted on 12/17/2011 9:16:17 AM PST by muleskinner
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To: KingofZion

Hanging is quick, as supposedly provides men with sexual gratifaction as their last sensation. Hardly cruel and unusual. So why not bring it back? Put it outside and mandate that local news broadcasts include it as a requirement for their continued FCC license. The Hebrews has it right in Deuteronomy: Show the punishment publicly, “so that all of Israel shall see and be afraid”. It is more important than ever to have public hangings because of how lawless and corrupt our society has become.


8 posted on 12/17/2011 9:19:23 AM PST by montag813
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To: muleskinner

So we are seeing an end to capital punishment by liberal judges. They are taking the position that there is no humane way to execute someone. Thus, if there is no legal humane way to execute someone, capital punishment will cease to exist because of liberal judges.


9 posted on 12/17/2011 9:19:37 AM PST by Dilbert San Diego
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To: muleskinner

So we are seeing an end to capital punishment by liberal judges. They are taking the position that there is no humane way to execute someone. Thus, if there is no legal humane way to execute someone, capital punishment will cease to exist because of liberal judges.


10 posted on 12/17/2011 9:19:52 AM PST by Dilbert San Diego
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To: KingofZion

better yet........ plastic bag and ductape....


11 posted on 12/17/2011 9:21:19 AM PST by joe fonebone (Project Gunwalker, this will make watergate look like the warm up band......)
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To: montag813

Nahhh, not sharia compliant, what would our new masters think?

We need our own Chop-Chop plaza, just like our beloved ‘dear friends, the Saudis’...


12 posted on 12/17/2011 9:25:07 AM PST by null and void (Day 1062 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
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To: Dilbert San Diego
From a Faye D'Opal Bio -

From her roots in rural Arkansas to the past 25 years in Marin, whether as attorney, feminist, community activist, mother, educator or former Peace Corps leader, Faye has excelled.

Now, get a load of this

Faye’s choices have also included choosing a personal life that evolved dramatically over the years. She and her husband divorced, and Faye has lived the past eighteen years with her woman partner, Wanden. A founding member of the Triangle Alliance of Marin, Faye has worked to help gain equal rights for lesbians and gays.

Not that there's anything "wrong" wi'dat.

What has ruined California is the influx of all the socially concerned Hillbillys.

13 posted on 12/17/2011 9:40:34 AM PST by muleskinner
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To: KingofZion

Why not just use explosives? That would be instantaneous, almost foolproof and irreversible. Cleanup would be with a hose.


14 posted on 12/17/2011 10:14:49 AM PST by glorgau
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To: muleskinner

“What has ruined California is the influx of all the socially concerned Hillbillys.”

Exactly! California has suffered for years from the westward “migration” of nutcases from points East. When I think of what the California of my youth in the ‘50 was, I am sure that the transition has been by “foreigners” like this Arkansas-born lesbo. Come on Newt! I would welcome a house cleaning process in the judiciary country wide. People like Faye are the termites that are eating away at the social fabric of our nation!


15 posted on 12/17/2011 10:55:32 AM PST by vette6387 (Enough Already!)
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To: KingofZion
Marin judge rejects lethal injection procedures

Strap her down and go ahead anyway.

16 posted on 12/17/2011 10:59:32 AM PST by RichInOC (No! BAD Rich! (What'd I say?))
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To: vette6387
California has suffered as much or more from the immigration of “concerned” Eastern “Do Gooders” than illegals from over the border.
17 posted on 12/17/2011 11:07:05 AM PST by muleskinner
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