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Legal Opinion

Sims v. Department of Corrections & Rehabilitation

California Court of Appeal

Decided May 30, 2013No. A135290PublishedCited by 19 opinions

1Opinion of the Court

Opinion

KLINE, P. J.

The question presented by this appeal is whether regulations promulgated by California’s Department of Corrections and Rehabilitation (CDCR or agency) regarding the manner in which the death penalty is carried out substantially comply with California’s Administrative Procedure Act (APA) (Gov. Code, § 11340 et seq.). Finding that the CDCR “substantially failed to comply” with mandatory procedural requirements of the APA, the trial court invalidated the regulations in their entirety. (§ 11350, subd. (a).) We shall affirm the judgment.

BACKGROUND

California law, which provides…

2Cases cited29 opinions

  1. Leedom v. KyneSupreme Court of the United States · 1958
  2. Baze v. ReesSupreme Court of the United States · 2008
  3. People v. StanleyCalifornia Supreme Court · 1995
  4. Cahill v. San Diego Gas & Electric Co.California Court of Appeal · 2011
  5. Fisher v. City of BerkeleyCalifornia Supreme Court · 1984

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3Cited by19 opinions

  1. Briggs v. BrownCalifornia Supreme Court · 2017
  2. Jones v. ChappellDistrict Court, C.D. California · 2014
  3. Kevin Cooper v. Gavin NewsomCourt of Appeals for the Ninth Circuit · 2021
  4. Jesse Andrews v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2015
  5. Jesse Andrews v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2017

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