The LA Times has this story by Carol Williams and Maura Dolan on developments in the California lethal injection controversy. The Department of Corrections and Rehabilitation* has decided not to seek California Supreme Court review of an erroneous Court of Appeal decision that the injection protocol has to go through the administrative public notice and comment process. Just going through the process will be faster. A certain rabble-rouser is quoted criticizing them for not doing that in parallel with the appeal two years ago.

CDCR has asked Cal. Supreme to "depublish" the Court of Appeal opinion, a quirky California procedure that removes a case as precedent without disturbing the judgment. This post at WSJ Law Blog repeats my quote from the LA Times article in a context that seems to imply that I am critical of the depublication request. That is not correct.

Update: The California Supreme Court denied the depublication request and decided not to take the case on its own motion.