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Criminal,
9th U.S. Circuit Court of Appeals

Nov. 19, 2015

Death penalty appeals system can and should change

Several troubling issues arose recently when a 9th Circuit panel reversed a district court decision invalidating the California death penalty.

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."

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Several troubling issues arose when a panel of the 9th U.S. Circuit Court of Appeals reversed the district court decision invalidating the California death penalty in Jones v. Davis, 2015 DJDAR 12262 (Nov. 12, 2015). The petitioner at the habeas corpus hearing in district court alleged the California legal system excessively delayed death penalty convictions, violating the Eighth Amendment prohibition on cruel and unusual punishment. Despite the prior California Supreme Court ruling...

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