California Attorney General Kamala Harris said Thursday she will appeal a federal judges ruling that the states death penalty is unconstitutional.
I am appealing the courts decision because it is not supported by the law, and it undermines important protections that our courts provide to defendants, Harris, a Democrat, said in a prepared statement. This flawed ruling requires appellate review.
The appeal comes after U.S. District Judge Cormac J. Carney ruled in July that the states administration of the death penalty is so dysfunctional that it violates the prohibition against cruel and unusual punishment.
Californias death penalty system is so plagued by inordinate and unpredictable delay that the death sentence is actually carried out against only a trivial few of those sentenced to death, Carney wrote.
The judged vacated the death sentence of Ernest Dewayne Jones, who was convicted in Los Angeles in 1995 for raping and murdering the mother of his girlfriend.
Harris, who is personally opposed to the death penalty, said earlier this month that she was still deciding whether to appeal the case.
Call David Siders, Bee Capitol Bureau, (916) 321-1215. Follow him on Twitter @davidsiders.