California Death Penalty News

Started by Jeff1857, April 10, 2008, 02:16:30 AM

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Lloyd

"The abolitionists refuse to acknowledge that evil exists and evil has to be put down."
 
What a GREAT quote, and sooooooooo true.

roo28

Hey there,
I just have a question regarding someone on California Death Row... Ryan Hoyt who murdered Nick Markowitz. What ever happened to him? He has been on the row for at least 5 years. It's really difficult to get any information on anyone on death row in California  ???
Thanks,
Lyra

kanga


Hi Lyra.

Found this after a bit of a search.

Kanga.


CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Printed Date:
09/16/2008

DIVISION OF ADULT OPERATIONS

Death Row Tracking System

Condemned Inmate List (Secure)

LastName                             Hoyt
First Name                           Ryan
Status Code                         Living
Ethnic Code                          Whi 
Received Date                      03/14/2003
Sentence Date                     02/07/2003
Offense Date                        08/06/2000
Trial County                         Santa Barbara
Court Action                         No Action





roo28

Thanks for finding that for me Kanga  :-*

I'm quite interested to see the outcome of Jesse James Hollywood's trial in Feb next year... I haven't seen it discussed on this website though.

Bye for now,
Lyra

Jeff1857


Thanks for finding that for me Kanga  :-*

I'm quite interested to see the outcome of Jesse James Hollywood's trial in Feb next year... I haven't seen it discussed on this website though.

Bye for now,
Lyra
If you're interested in his case, start a thread it's easy.  ;)

Jeff1857

Five months after the U.S. Supreme Court offered a legal road map to states dealing with challenges to lethal injection, California is no closer to resuming executions on the nation's largest death row.

Today, however, the legal battle over lethal injection in this state will finally inch forward when an appeals court in San Francisco considers one of the two cases paralyzing California's death penalty machinery. While the hearing will not catapult the standoff over lethal injection in the state to a conclusion, it is a first step toward kick-starting a legal showdown that will decide whether the state's execution method can pass muster in the courts.

In particular, the 1st District Court of Appeal will hear arguments in the state's appeal of a Marin judge's order last fall that found that Gov. Arnold Schwarzenegger's administration broke state rules when it adopted new lethal injection procedures. If the judge's order holds up, it could force the state to go back to the drawing board and hold public hearings before it can establish a new execution protocol.

"We're always hopeful to advance things,'' said Ronald Matthias, a senior assistant attorney general in charge of death-penalty appeals.

Today's hearing is just one wrinkle in the long-running battle over lethal injection in California, where executions have been on hold for more than two years because of a lawsuit arguing that the method is cruel and unusual punishment. But until the 1st District -- and perhaps the California Supreme Court -- resolve the case involving the governor's plan, the central legal challenge to lethal injection in California will remain stuck in neutral.

A San Jose federal judge in December 2006 concluded the state's system is "broken,'' but outlined a number of steps state officials could take to address his concerns and ensure that executions are carried out humanely. In response to that order from U.S. District Judge Jeremy Fogel, the governor ordered state prison officials to come up with a new plan, which was unveiled last year. Among other things, the plan called for improved training and supervision of execution team members. It also called for construction of a new death chamber at San Quentin to replace the prison's antiquated, decades-old unit.

But lawyers for death row inmates sued over the governor's plan, arguing that it was developed in secret in violation of state provisions requiring public input. In court papers, Schwarzenegger's lawyers insist that such prison rules do not require public hearings -- the crux of the issue to be heard today.

In the meantime, the new death chamber has been completed while the court fights have been dormant. And other than the addition of a few more inmates to death row -- which now exceeds 670 condemned murderers -- not much else has happened.

The case before Fogel was put on hold while the Supreme Court considered a challenge to Kentucky's lethal injection procedure, which is similar to California's and most other states.

In April, the Supreme Court upheld Kentucky's method, but the ruling left it to judges around the country to apply the standards to each state's system. Cases have been unfolding in other states, including, most recently, in Missouri, Arkansas and Ohio, where judges have held hearings to consider lethal injection procedures. Several states have gone ahead with executions, such as Texas and Florida.

But Fogel has put the California case on hold until the state courts resolve the fight over the governor's plan, creating a de facto moratorium on executions. The judge has even postponed indefinitely a planned trip to San Quentin to tour the new execution chamber.

The 1st District will have 90 days to rule on the case, but legal experts say it will be much longer before the wrangling over the execution method is completed.

"We don't know whether what the attorney general or department of corrections has proposed as a new protocol is valid,'' said Elisabeth Semel, head of Boalt Hall School of Law's death penalty clinic. "It was adopted in secret.''

"People should know and understand what the process is when we're talking about the state taking a life,'' she added. "Everyone benefits from knowing as much as possible.''

http://www.mercurynews.com/ci_10493610?source=rss

Jeff1857

A state appeals court on Friday ensured further delays in California's already inert death penalty system, finding that Gov. Arnold Schwarzenegger's administration did not follow proper procedures when it attempted to revise the state's lethal injection method to get executions back on track.

In a 14-page ruling, the San Francisco-based 1st District Court of Appeal upheld last year's decision by a Marin County judge, who found state officials failed to provide public scrutiny of plans to overhaul California's execution method. The appeals court ruling, if it stands, would force the state to go back to the drawing board in its efforts to bring the execution system into compliance with a federal judge's concerns that the current method is unconstitutional.

The appeals court ruling will have a ripple effect on California's bogged down capital punishment system. A broader legal challenge in federal court to California's lethal injection method cannot move forward until the state comes up with a revised procedure, and that is now tied up further as a result of the appeals court's findings.

Senior Assistant Attorney General Ronald Matthias, who supervises the state's death penalty cases, was still reviewing the decision and could not predict the next step. But the state can either appeal to the California Supreme Court or move forward with public review of the proposed lethal injection reforms, and either process would take months or longer.

The ruling is linked to a long-running challenge from death row inmates who argue that the lethal injection method is cruel and unusual punishment because it exposes an inmate to the prospect of an inhumane execution. Executions have been on hold in California for nearly three years as a result of the legal challenge, one of dozens around the country contesting lethal injection.

U.S. District Judge Jeremy Fogel in December 2006 concluded the state's current lethal injection system is "broken,'' but outlined a number of steps state officials could take to address his concerns and ensure that executions are carried out humanely. In response to that ruling, the governor ordered state prison officials to come up with a new plan, which was unveiled last year. Among other things, the plan called for improved training and supervision of execution team members, as well as the construction of a new, modernized execution chamber, which has since been completed.

But the plan was challenged in state court under the argument it violated state procedures that require public review. Fogel put the federal case on hold until that issue is resolved.

In the meantime, the U.S. Supreme Court this spring upheld a lethal injection procedure in Kentucky similar to California's, a ruling that will set the ground rules for California's case when it returns to Fogel. There are now more than 670 inmates on death row awaiting execution, including several who have exhausted their appeals and will face swift execution dates if the lethal injections resume.

Condemned Santa Clara County killer David Allen Raley is among those inmates who have run out of legal options.
-----------------------------------------------------------------
More liberals!!!  >:( >:( >:(

(Source: Contra Costa Times)


Aussie4DR

Quote
The ruling is linked to a long-running challenge from death row inmates who argue that the lethal injection method is cruel and unusual punishment because it exposes an inmate to the prospect of an inhumane execution. Executions have been on hold in California for nearly three years as a result of the legal challenge, one of dozens around the country contesting lethal injection.


This is utter madness.
It's a wonder these brainiacs haven't suspended vets from putting cats or dogs to sleep.
Do they consider that to be cruel and unusual too?



Thanks for your time
And you can thank me for mine
And after that's said
Forget it.

Michael

This makes me angry.  >:( I hate it to see that they only put the offender into the focus. L.I. is human enough and if someone doubts he may choose another execution method.

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

JeffB

New death penalty rules rejected by California court

With no legal method for lethal injection, state must keep delaying executions and let death row expand.

By Carol J. Williams
November 22, 2008

Death penalty opponents and the attorneys for two condemned men at San Quentin won another round in their quest to delay executions in California when a state appeals court on Friday held that newly revised rules for administering lethal injections are illegal.

The ruling by the 1st District Court of Appeal in San Francisco means the execution chamber is likely to remain idle through much of 2009, if not longer, pending a likely appeal to the California Supreme Court and possibly another lengthy review and redrafting of the procedures.

Californians have repeatedly supported capital punishment at the ballot box, but opponents have successfully limited its practice with legal challenges that have caused the average time between conviction and execution to grow to about 25 years.

The state has the largest death row population in the country, with 677 condemned to die. The last execution was nearly three years ago, when Clarence Allen was put to death in January 2006.

Executions have been officially suspended since December 2006, when U.S. District Judge Jeremy Fogel of San Jose ruled that the state's method of administering the three-drug lethal injection cocktail amounted to cruel and unusual punishment in violation of the Constitution.


An investigation into the 13 executions conducted in California since 1977 raised concerns that some of those killed hadn't been fully anesthetized by the first shot of a powerful barbiturate before injection of the paralyzing agent, which would prevent the recipient from expressing pain, and the final dose of potassium chloride that stops the heart.

Gov. Arnold Schwarzenegger assigned a task force last year to draw up protocols that ensure the condemned don't suffer excessive pain when put to death.

Before Fogel could pass judgment on whether the new procedures were acceptable, attorneys for death row inmates Michael Morales and Mitchell Sims challenged the legality of the measures because they hadn't been submitted for public comment, as required by state law.

A year ago, Marin County Judge Lynn O'Malley Taylor deemed the execution procedures illegal for their lack of public scrutiny and review by an independent state agency. State Atty. Gen. Jerry Brown appealed, which led to Friday's ruling upholding Taylor's judgment.

Brown's office was asked if it planned to appeal to the state high court on behalf of the California Department of Corrections and Rehabilitation, but did not respond immediately.

Brad Phillips, who represented Morales in the challenge to the new protocols, said that he expected the state to ask the high court to overturn the decisions but that he was confident the justices would take the same position as Taylor and the appeals court.

"Alternatively, the state could simply acknowledge that this is a very important piece of regulation that should go through the Administrative Procedures Act and the public given the opportunity to comment on it," Phillips said.

No matter whether the state chooses to appeal or seek public comment, a court-approved set of protocols is unlikely to be ready for Fogel's consideration before summer.

"Our preferred alternative is to see the death penalty eliminated," Phillips said, while conceding that was unlikely.

Williams is a Times staff writer.
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

JeffB

Appellate court keeps California executions on hold

By Denny Walsh
dwalsh@sacbee.com
Published: Tuesday, Nov. 25, 2008 | Page 3A

There will be no executions by California in the near future.

An appellate court has ruled the state failed to follow required procedures in fashioning a revised protocol for administering lethal injections.

The revised protocol was not vetted through a period of public notice and comment, as required by the state's Administrative Procedures Act, a three-judge panel of the 1st District Court of Appeal in San Francisco ruled Friday.

The Department of Corrections and Rehabilitation's failure to comply invalidated the protocol, the panel concluded.

The ruling leaves the state with two options: send the protocol through the notice and comment process or appeal to the California Supreme Court, which may or may not agree to review the matter.

The APA requires notification of a proposed regulation and the reasons behind it, a period for feedback from the public, and written replies to the public comments. The entire package is then submitted to a state agency that reviews it for consistency with the law, clarity and necessity. Even without revisions that may have to be made, the process could take months, if not more than a year.

An appeal to the state high court could likewise take at least several months.

Corrections spokesman Seth Unger said Monday the department has not decided whether to appeal.

"If we decide to submit the matter to public comment, we will do so as expeditiously as possible," Unger said. "The ruling keeps us from carrying out the will of the people by lifting the moratorium on capital punishment."

The state's voters have endorsed the death penalty at the ballot box.

Brad Phillips, an attorney representing two condemned inmates challenging the protocol on APA grounds, said Monday he is hopeful prison officials will elect to seek public comment rather than pursue an appeal.

"Had they simply done the correct legal analysis to begin with - and certainly no later than April 2006 when we filed our lawsuit - they wouldn't have this problem," Phillips said. "If there is an appeal and the Supreme Court accepts review, I'm confident it would uphold the lower courts."

Friday's appellate ruling affirmed a Marin Superior Court judge's injunction barring use of the revised protocol.

The new method, unveiled in May 2007, came in response to a federal judge's finding that the protocol then in use to administer a lethal three-drug cocktail violated the U.S. Constitution's prohibition against cruel and unusual punishment.

U.S. District Judge Jeremy Fogel cited evidence that some of those put to death may not have been fully anesthetized and suffered excruciating pain that a paralyzing agent left them unable to express.

Fogel's December 2006 ruling froze executions in California, and his order remains in effect.

Gov. Arnold Schwarzenegger assembled a task force to draft a new protocol that would allay Fogel's concerns.

Only when the APA suit is resolved, however, will Fogel begin to examine the constitutionality of the revised protocol.

California has the largest death row in the nation, numbering 677 inmates. The last execution was in January 2006.

"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

JeffB



Too bad scumbags in Cali see this sight and then sit there for 25 or 30 years... 
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Michael


There will be no executions by California in the near future.


This is truly sad - there are quite a bunch of real POS on the cali row...

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

Aussie4DR

Quote
The state's voters have endorsed the death penalty at the ballot box.

The people had their say... apparently it fell on deaf ears.

Quote
The new method, unveiled in May 2007, came in response to a federal judge's finding that the protocol then in use to administer a lethal three-drug cocktail violated the U.S. Constitution's prohibition against cruel and unusual punishment.

I don't quite understand this. If other states are lawfully using lethal injection, and by doing so are not in violation of the U.S. Constitution, then where on this planet is California? Is there a special little bureaucratic small print section of the Constitution written specifically for California?  ???

Thanks for your time
And you can thank me for mine
And after that's said
Forget it.

Heidi Salazar

Maybe when Pam gets to Cali she can light a fire under their arse, so to speak...ya know get heads rolling!!

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