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Judge throws out state's new lethal injection procedures

(10-30) 16:34 PDT SAN RAFAEL - California's new procedures for lethal injections are invalid because they were never submitted to the public for comment or reviewed by the office that approves all state regulations, a Marin County judge said today in a tentative ruling that could prolong the state's moratorium on executions.

Superior Court Judge Lynn O'Malley Taylor agreed with lawyers for two condemned prisoners that the state Department of Corrections and Rehabilitation was enacting a regulation when it announced new procedures in May for lethal injections at San Quentin State Prison.

Under state law, an agency that adopts a new regulation must first publish the text, invite public comments, hold a hearing if a member of the public requests one, and submit the final draft to the Office of Administrative Law, which decides whether the proposed rule was legally authorized.

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Added: Oct-30-2007 
By: noshoes4me
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Tags: image, lethal injections, california, death row, execution moratorium
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