U.S. appeals court overturns order to delay woman’s execution – Crime News – archyde

A U.S. federal appeals court on Friday overturned an order overturning the execution of the only woman on federal death row on Jan. 11, but allowed further hearings that could result in a delay in the execution date.

The ruling, issued by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, concluded that a lower court judge had made a mistake in ruling the execution date of last week Lisa Montgomery had vacated.

District Court Judge Randolph Moss had ruled that the Department of Justice’s Federal Bureau of Prisons had illegally postponed the Montgomery execution for January 12 – and overturned that decision.

Montgomery was due to be killed in December at the Federal Correctional Complex in Terre Haute, Indiana, but Moss delayed execution after her lawyers signed COVID-19 following their visit.

Montgomery’s lawyers had asked him to extend a time limit for filing a pardon.

Court of Appeal on Friday decision According to the court record hosted on The Death Penalty Information Center (DPIC) website, a retry motion could be filed before January 2nd.

Robert Dunham, the DPIC’s executive director, said on Twitter that Montgomery’s attorneys intended to seek a replay of aspects of the case, which means a Jan. 11 execution may not take place.

Other legal issues must be resolved by the courts before the execution can take place, Dunham noted.

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This includes Montgomery’s allegation that a provision of the federal death penalty law requires procedures related to federal executions under the law of the state in which the crime was committed.

Montgomery was convicted of killing 23-year-old Bobbie Jo Stinnett in December 2004 in the northwestern town of Skidmore, Missouri.

Missouri law requires a 90-day execution notice and only allows one execution per month, although federal executions are scheduled for January 14th and 15th, Dunham said on Twitter.

Moss, the district court judge, concluded that on his orders, the federal prison office could not postpone Montgomery’s execution until at least Jan. 1, but the appellate body disagreed, The Associated Press reported.

Meaghan VerGow, a Montgomery attorney, said her legal team will ask the entire appeals court to look into the case and Montgomery should not be executed on Jan. 12.

In 2004, Montgomery strangled Stinnett, who was eight months pregnant, with a rope and cut the girl out of the womb with a kitchen knife, authorities said. She took the child and tried to pass the girl off as her own, prosecutors said.

The administration of US President Donald Trump resumed federal executions in 2020 after a 17-year hiatus, killing 10 prisoners last year.

Three federal executions are planned for January.

President-elect Joe Biden is against the death penalty and its spokesman, TJ Ducklo, has said he will work to end its application.

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But Biden has not said whether he will stop federal executions after taking office on Jan. 20.

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