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California Execution Developments

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Terry Collins reports for AP:

On Monday, Brown asked Marin County Superior Court Judge Verna Adams to halt his execution until a lawsuit filed by Brown and another death row inmate is resolved. The suit challenges the state's new lethal injection regulations, saying the procedures were improperly adopted....

Judge Adams said after an hour-long hearing Monday that she would not halt Brown's execution while the lawsuit is pending.

"Mr. Brown can not prove that he will suffer pain if he is executed under the current regulations," Adams said.

Meanwhile, on the other end of the Golden Gate, the following order has been entered in the Ninth Circuit case on appeal from Judge Fogel's denial of a stay (noted here), Morales v. Cate, No. 10-99019:

By order of the district court, Albert Brown was granted leave to intervene in Morales v. Cate, No. C 06 219/926 JF HRL (N.D. Cal.). The instant appeal and related motions arise out of the Morales case and are inextricably intertwined with the issues in that case. Therefore, Albert Brown's appeal from a collateral order, alternative petition for a writ of mandamus, and motion for a stay of execution filed in this case are collectively referred to the panel having jurisdiction over Morales v. Ornoski, No. 06-99002. All other appeals, petitions for extraordinary writs, and motions filed by Brown that are not related to the Morales litigation will be referred to the panel having jurisdiction over Brown v.Ornoski, No. 05-99008.

That would be Judges Hawkins, Thomas, and Bea.  I do not expect any off-the-wall decisions from a majority of this panel.

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The governor granted Brown an extra day for his appeals. He's now scheduled to be executed a day later.

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