Is a death row inmate's application to challenge his execution using a lethal injection method that violates the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Perez, 229 Cal.Rptr.3d 303, 4 Cal.5th 421, 411 P.3d 490 (Cal. 2018):
Perez claims his death sentence is illegal because it will be carried out using a method of lethal injection that violates the Eighth Amendment. But this "challenge to the method of a future execution is not cognizable on appeal, because such a claim does not impugn the validity of the judgment." ( People v. Burney (2009) 47 Cal.4th 203, 270, 97 Cal.Rptr.3d 348, 212 P.3d 639.)
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