Watch CBS News

California Death Sentence Faces Legal Challenge

SAN QUENTIN (KCBS)_ California's first execution in nearly five years could be just days away.

However, it remained a possibility that last-minute legal challenges would keep it from happening.

A lawyer for convicted murderer Albert Greenwood Brown said he intended to appeal a federal judge's ruling, issued Friday, essentially clearing the way for Brown's execution at 12:01 a.m. Wednesday.

That challenge would be heard before the 9th Circuit Court of Appeals.

"If, as it's quite likely, Brown loses on that appeal to the 9th Circuit, he could then go the U.S. Supreme Court for an emergency stay. Legally possible, still extremely unlikely," said Stanford Law School professor Robert Weisberg.

Additionally, Brown's lawyer filed a challenge to California's new death penalty practices, in state court.

He argued in that brief that newly-created rules allowing death row inmates to participate in the decision-making process regarding the drugs administered in the execution process were not properly adopted, and failed to address concerns regarding training and supervision.

A hearing was expected to be held Monday, regarding that brief, in Marin County Superior Court,

Weisberg pointed out that a state appellate court already heard Brown's arguments.

"In theory he could go back to state court in Marin County. I don't think there's a lot of hope for him there," added Weisberg.

Brown was convicted of raping and murdering a 15-year-old Riverside girl in 1980.

© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.