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DUNLAP v. DEPT. OF CORRECTIONS

No. 12CA0955.

303 P.3d 572 (2013)

Nathan J. DUNLAP, Plaintiff-Appellant, v. Colorado DEPARTMENT OF CORRECTIONS; and Roger Werholtz, in His Official Capacity As Interim Executive Director of the Department of Corrections, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Announced April 25, 2013.

Attorney(s) appearing for the Case

Snell & Wilmer L.L.P., James D. Kilroy , Jessica E. Yates , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Christopher W. Alber , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by JUDGE J. JONES.

JUDGMENT AFFIRMED.

¶ 1 Nathan J. Dunlap, a death row inmate in the custody of the Colorado Department of Corrections (DOC), appeals the district court's judgment denying his challenge to the DOC's regulation establishing the procedure for carrying out the death penalty by lethal injection. He contends that the DOC failed to comply with the state Administrative Procedure Act, sections 24-4-101 to -108, C.R.S. 2012(APA), in promulgating...

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