Appeals court rejects challenge to California death penalty

LOS ANGELES (AP) — California's death penalty survived a legal challenge today when a federal appeals court reversed a lower court ruling that had found it was unconstitutional because of excessive delays.

Without discussing the merits of a murderer's claims, the 9th U.S. Circuit Court of Appeals ruled that the lower court was barred from considering a novel constitutional theory that found delays in carrying out executions amounted to cruel and unusual punishment.

U.S. District Judge Cormac Carney, an appointee of President George W. Bush, ruled last year that California's death penalty was an empty promise with unpredictable delays that led to arbitrary and rare executions that violated the Constitution's Eighth Amendment.

More than 900 people have been sentenced to death in California since 1978, but only 13 have been executed.

The ruling by three justices appointed by Democratic presidents came as the state tries to revive executions that have been stalled nearly a decade and as supporters and opponents of the death penalty take to the streets to get dueling referendums on the state ballot next year.