California Court of Appeal

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Sims v. Department of Corrections & Rehabilitation, A135290

The trial court's judgment invalidating regulations promulgated by defendant regarding the manner in which the death penalty is carried out, is affirmed insofar as it: 1) declares defendant's lethal injection protocol is invalid for substantial failure to comply with the requirements of the California Administrative Procedure Act (APA); and 2) permanently enjoins defendant from carrying out the execution of any condemned inmate by lethal injection unless and until new regulations governing lethal injection execution are promulgated in compliance with the APA.

Appellate Information

  • Decided 05/30/2013
  • Published 05/30/2013

Judges

  • KLINE

Court

  • California Court of Appeal

Counsel