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California Execution This Month?

As noted here, California has completed the drawn-out process of establishing its protocol through the Administrative Procedure Act process. A date of Sept. 29 was set for the long-overdue execution of Albert Brown, as noted in this story by Richard De Atley in the Riverside Press-Enterprise.

The Superior Court judge in Marin County said that her stay is still in effect, and the California Attorney General went to the Court of Appeal with a writ petition. That case is California Department of Corrections and Rehabilitation et al. v. The Superior Court of Marin County, A129450.  The petition was filed September 1. The next day, the court issued an order on three points. First was a deficiency in service of process, which was quickly corrected. Second, the court set fast-track briefing: opposition by Sept. 8 (today) and reply by Sept. 13. Most importantly,

We advise the parties that this court might proceed by issuing a peremptory writ in the first instance. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180.) Generally the court will employ "the accelerated Palma procedure ... only when petitioner's entitlement to relief is so obvious that no purpose could reasonably be served by plenary consideration of the issue ... or where there is an unusual urgency requiring acceleration of the normal process." (Ng v. Superior Court (1992) 4 Cal.4th 29, 35.)

Sounds like they are serious.

BTW, I was at the annual conference of the Association of Government Attorneys in Capital Litigation last week. (It's good once a year to get together with the fighters for justice in person, rather than the email and telephone interaction we normally do.) Anyway, the fellow from Texas advised against scheduling more than two executions in a given week. The folks from California didn't think that would be an issue.

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