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If Prop 34 Fails, California Could See a Wave of Executions

Scott Graham has this article, with the above headline, in The Recorder, a San Francisco legal newspaper available on law.com.

Graham notes that Arizona had a decade-long hiatus in executions, as the Ring v. Arizona problem and execution protocol challenges were worked out.  "But executions resumed in Arizona in 2010 and are now moving at a rapid clip: The state has executed 10 men in the past two years, more than any state other than Texas."  The same could happen in California.

Kent Scheidegger of the Criminal Justice Legal Foundation, a victim rights organization, agrees the Ninth Circuit has become less of an obstacle. The number of inmates who've exhausted their habeas claims since 2006 ­-- 14 -- is more than the entire number executed since California re-established capital punishment in 1977, he points out. "There's nothing but this execution protocol holding them up," Scheidegger says.
There are a total of 15 that have completed federal habeas, but one has an Atkins claim pending on state habeas, so 14 are being held up by the protocol litigation.  See this post.

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