A federal appeals court has delayed a potentially rare California execution over the issue of whether the condemned inmate has a choice of lethal injection methods, reports the Los Angeles Times. Albert Brown, a convicted murderer and rapist, had been set to be executed at 9 p.m. Thursday for the 1980 killing of a 15-year-old girl.
The U.S. Court of Appeals for the 9th Circuit said a trial judge had erred by offering Brown a choice of being executed with a one-drug lethal injection or a three-drug cocktail. “The district court’s decision to provide Brown the choice of a one-drug option is not consistent with California state law and procedures. California law does not provide the condemned a choice between a three-drug protocol or a one-drug option,” the 9th Circuit said.