Morales v. California Department Of Corrections And Rehabilitation

85 Cal. Rptr. 3d 724 (2008)


San Quentin is the only prison authorized to execute California inmates. Unless a condemned inmate affirmatively elects to be executed by lethal gas, executions are performed by lethal injection. OP 770 was adopted by D to implement executions. Michael Morales and Mitchell Sims (Ps), challenged the validity of OP 770, arguing it had been adopted without compliance with the requirements of the Administrative Procedure Act (APA). Ps were condemned, inmates. The trial court agreed with Ps and enjoined lethal injections until OP 770 complied with the requirements of the California APA. D appealed. D argues that OP 770 is not subject to the APA because it is not a rule of “general application.” Further, they contend OP 770 qualifies for the “single facility exception” to the requirements of the APA, set forth in Penal Code section 5058, subdivision (c)(1) (hereafter section 5058(c)(1)).