{"id":2786,"date":"2018-03-28T15:25:27","date_gmt":"2018-03-28T22:25:27","guid":{"rendered":"http:\/\/www.klaaskids.org\/blog\/?p=2786"},"modified":"2018-04-02T19:03:18","modified_gmt":"2018-04-03T02:03:18","slug":"marin-court-lifts-2012-injunction-blocking-executions","status":"publish","type":"post","link":"https:\/\/www.klaaskids.org\/blog\/marin-court-lifts-2012-injunction-blocking-executions\/","title":{"rendered":"Marin Court Lifts 2012 Injunction Blocking Executions"},"content":{"rendered":"<p><strong>By Michael Rushford<\/strong><\/p>\n<p><span class=\"dropcap\">A<\/span> ruling by a Marin County judge has lifted a 2012 injunction issued by the same court which had blocked executions in California.\u00a0 The ruling by Superior Court Judge Roy O. Chernus answered a January 21, 2018 motion by the Criminal Justice Legal Foundation (CJLF) on behalf of Kermit Alexander.\u00a0 Alexander\u2019s mother, sister, and two nephews were murdered in 1984 by gang member Tiequon Cox, who is on death row awaiting execution.\u00a0 Alexander is also the proponent of Proposition 66, the initiative adopted in 2016 to remove unnecessary delay from the state\u2019s death penalty process.<\/p>\n<p>One of the causes of delay was a court-ordered requirement that execution protocols be adopted under the state\u2019s cumbersome Administrative Procedure Act.\u00a0 The 2012 injunction was issued after condemned murderer Michael Sims claimed that the California Department of Corrections and Rehabilitation (CDCR) had failed to properly meet that requirement.\u00a0 That requirement was eliminated by Proposition 66.<\/p>\n<p>After legal challenges to the initiative were rejected by the California Supreme Court last October, the state could have immediately moved to have the injunction vacated.\u00a0 In January, CJLF filed the motion, which was later joined by the CDCR.<\/p>\n<p>A hearing on the motion was set for today.\u00a0 Yesterday, Judge Chernus issued a tentative ruling granting the motion.\u00a0 When the attorneys for Sims declined to challenge that ruling in oral argument, the hearing was cancelled and the ruling became final.<\/p>\n<p>Responding to the ruling, CJLF Legal Director Kent Scheidegger said, \u201cthis is the first of several legal steps necessary to resume executions in California.\u00a0 There is a federal court injunction which must also be lifted, and death penalty opponents have filed new lawsuits to block executions.\u00a0 We will be taking action to address these obstacles in the weeks ahead.\u00a0 The voters have spoken, and we will do what it takes to see that the law they enacted is enforced.\u201d<\/p>\n<p><strong>Michael Rushford is President of the\u00a0<a href=\"http:\/\/www.cjlf.org\/\">Criminal Justice League Foundation<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Michael Rushford ruling by a Marin County judge has lifted a 2012 injunction issued by the same court which had blocked executions in California.\u00a0 The ruling by Superior Court Judge Roy O. Chernus answered a January 21, 2018 motion by the Criminal Justice Legal Foundation (CJLF) on behalf of Kermit Alexander.\u00a0 Alexander\u2019s mother, sister, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[86],"tags":[628,629],"class_list":["post-2786","post","type-post","status-publish","format-standard","hentry","category-death-penalty","tag-kermit-alexander","tag-michael-rushford"],"_links":{"self":[{"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/posts\/2786","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/comments?post=2786"}],"version-history":[{"count":5,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/posts\/2786\/revisions"}],"predecessor-version":[{"id":3081,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/posts\/2786\/revisions\/3081"}],"wp:attachment":[{"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/media?parent=2786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/categories?post=2786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klaaskids.org\/blog\/wp-json\/wp\/v2\/tags?post=2786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}