Thompson v. Department of Corrections

Opinion

KENNARD, J.

The superior court issued a preliminary injunction ordering the California Department of Corrections (CDC) to permit the spiritual adviser of an inmate facing execution to remain with him until 25 minutes before execution, rejecting the CDC’s contention that general security concerns necessitated the adviser’s departure 45 minutes before execution. The ,, Court of Appeal dismissed the CDC’s appeal, holding that the appeal fell within this court’s exclusive jurisdiction over appeals in capital cases. We conclude that the Court of Appeal did have jurisdiction to hear this…