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| Appeals court rejects challenge to California death penalty |
| By elkharttruth.com- Brian Melley |
| Published: 11/13/2015 |
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LOS ANGELES (AP) — California’s death penalty survived a legal challenge Thursday when a federal appeals court reversed a lower court ruling that had found it was unconstitutional because of excessive delays. Without discussing the merits of a murderer’s claims, the 9th U.S. Circuit Court of Appeals ruled that the lower court was barred from considering a novel constitutional theory that found delays in carrying out executions amounted to cruel and unusual punishment. U.S. District Judge Cormac Carney, an appointee of President George W. Bush, ruled last year that California’s death penalty was an empty promise with unpredictable delays that led to arbitrary and rare executions that violated the Constitution’s Eighth Amendment. Read More. |
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