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Scheduled CA Execution Delayed By Appeals Court
By latimes.com
Published: 09/28/2010

A federal appeals court in San Francisco late Monday ordered a trial judge to reconsider a ruling that allowed for a convicted murderer and rapist to be executed this week at San Quentin State Prison.

Albert Greenwood Brown was scheduled to die at 9 p.m. Thursday for the 1980 killing of a 15-year-old Riverside girl.

But the U.S. 9th Circuit Court of Appeals said U.S. District Judge Jeremy Fogel erred by offering Brown a choice of a one-drug lethal injection or a three-drug cocktail.

"The district court's decision to provide Brown the choice of a one-drug option is not consistent with California state law and procedures. California law does not provide the condemned a choice between a three-drug protocol or a one-drug option," the ruling said.

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