Summary
Superior Court case to remove the state-court injunction against executions that has been in place since 2012. In 2008, a California Court of Appeal held execution protocols needed to be established through the cumbersome regulation-creating mechanism of the Administrative Procedure Act (APA), even though they never needed to before. In 2012, after the CA Department of Corrections and Rehabilitation attempted to comply with the APA, the Marin County Superior Court held that CDCR had not met all the requirements and enjoined any further executions in California. Proposition 66, passed by the voters in the November 2016 election, eliminated the legal basis for this injunction by exempting execution protocols from the APA. The California Supreme Court delayed its effective date for a year. Three months later, after CDCR still had not moved to lift the injunction, CJLF made the motion on behalf of Kermit Alexander, a family member of murder victims and the proponent of Proposition 66. On April 9, 2018, the court agreed with CJLF's argument and lifted the injunction. The plaintiffs did not appeal.
