9th U.S. Circuit Court of Appeals,
Criminal,
U.S. Supreme Court
Aug. 26, 2014
Death penalty case heads to oft-overturned 9th Circuit
On July 16, Judge Cormac Carney, ignoring the opinions of the U.S. and state Supreme Courts to the contrary, declared the California death penalty procedurally dysfunctional and therefore unconstitutional.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
On July 16, U.S. District Judge Cormac J. Carney, ignoring the opinions of the U.S. Supreme Court and the California Supreme Court to the contrary, declared the California death penalty procedurally dysfunctional and therefore unconstitutional. Jones v. Chappell, CV09-02158 (C.D. Cal., filed March 27, 2009). The Supreme Court has declared the 8th Amendment to the U.S. Constitution inapplicable to appellate delay, and the state Supreme Court has agreed. Carney's decision lacks preced...
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