Appeals court vacates order delaying woman’s execution
U.S. Courts Newsroom
A federal appeals court has cleared the way for the only woman on federal death row to be executed before President-elect Joe Biden takes office.
The ruling, handed down Friday by a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit, concluded that a lower court judge erred when he vacated Lisa Montgomery’s execution date in an order last week.
U.S. District Court Judge Randolph Moss had ruled the Justice Department unlawfully rescheduled Montgomery’s execution and he vacated an order from the director of the Bureau of Prisons scheduling her death for Jan. 12.
Montgomery had been scheduled to be put to death at the Federal Correctional Complex in Terre Haute, Indiana, in December, but Moss delayed the execution after her attorneys contracted coronavirus visiting their client and asked him to extend the time to file a clemency petition.
Moss concluded that the under his order the Bureau of Prisons could not even reschedule Montgomery’s execution until at least Jan. 1. But the appeals panel disagreed.
Meaghan VerGow, an attorney for Montgomery, said her legal team would ask for the full appeals court to review the case and said Montgomery should not be executed on Jan. 12.
Montgomery was convicted of killing 23-year-old Bobbie Jo Stinnett in the northwest Missouri town of Skidmore in December 2004. She used a rope to strangle Stinnett, who was eight months pregnant, and then cut the baby girl from the womb with a kitchen knife, authorities said. Montgomery took the child with her and attempted to pass the girl off as her own, prosecutors said.
Montgomery’s lawyers have argued that their client suffers from serious mental illnesses. Biden opposes the death penalty and his spokesman, TJ Ducklo, has said he would work to end its use. But Biden has not said whether he will halt federal executions after he takes office Jan. 20.
Related listings
-
Justices order review of Colorado, New Jersey worship limits
U.S. Courts Newsroom 12/15/2020The Supreme Court on Tuesday ordered lower federal courts in Colorado and New Jersey to reexamine state restrictions on indoor religious services to combat the coronavirus in light of the justices’ recent ruling in favor of churches and synagog...
-
Court weighs challenge to Colorado discrimination law
U.S. Courts Newsroom 11/17/2020A Colorado web designer should not have to create wedding websites for same-sex couples under the state's anti-discrimination law because it would amount to forced speech that violates her religious beliefs, a lawyer told an appeals court Monday.Kris...
-
Michigan court blocks 2-week absentee ballot extension
U.S. Courts Newsroom 10/18/2020Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes mu...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.