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Criminal,
California Supreme Court

Aug. 25, 2017

Prop 66 survives state Supreme Court but loses its fangs

In a mixed victory for death penalty supporters, the California Supreme Court held that Proposition 66, the initiative to “Mend, not end” the death penalty, is constitutional, but that its imposition of strict deadlines on death penalty appeals “must be deemed directive rather than mandatory.”

Prop 66 survives state Supreme Court but loses its fangs
Carol A. Corrigan of the state Supreme Court wrote that the strict time limitations on death penalty appeals in Prop. 66 “must be considered directive rather than arbitrary,” but upheld the ballot measure.

The initiative to speed up death penalty appeals will be allowed to stand, but its time limits are toothless.

That was the finding of the state Supreme Court Thursday in a case challenging Proposition 66, a bill that promised it would “mend, not end” the death penalty in California in part by speeding up the appeals process.

In the opinion authored by Acting Chief Justice Carol A. Corrigan, with J...

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