State to Appeal Death Stay to U.S. High Court
The state attorney general’s office plans to appeal to the U.S. Supreme Court a federal appellate court decision that stayed the execution of convicted killer Kevin Cooper, arguing that the appellate court did not have the authority to send the case back to a judge to review additional evidence.
On Feb. 9, less than 16 hours before Cooper’s scheduled execution at San Quentin State Prison for killing four people in Chino Hills in 1983, the U.S. 9th Circuit Court of Appeals ordered a stay of execution after an en banc hearing, meaning that all 11 of the 9th Circuit judges heard the case. That night, the U.S. Supreme Court upheld the stay.
California Atty. Gen. Bill Lockyer contends that the 9th Circuit’s involvement should have ended Feb. 8, when a three-judge panel from that appellate court voted 2 to 1 to reject Cooper’s appeal for a stay.
Lockyer argues that a 1996 law passed by Congress restricted the 9th Circuit’s “gatekeeper” role to the three-judge panel.
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