United States Court of Appeals Reverses Order to Delay Execution of Woman Crime News – Ultimas Noticias

A federal appeals court in the United States on Friday reversed an order that overturned the January 11 execution of the only woman on federal death row, but allowed more hearings that could delay the execution date.

The ruling, rendered by a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, found that a lower court judge made a mistake when he overturned Lisa Montgomery’s execution date in an order. last week.

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

Montgomery was scheduled to be executed at the Federal Correctional Complex in Terre Haute, Indiana, in December, but Moss delayed the execution after her attorneys contracted COVID-19 after visiting her.

Montgomery’s attorneys had asked him to extend the deadline for filing a clemency petition.

Court of Appeals Friday decision allowed a request for a rehearing to be filed before January 2, according to the court filing hosted on the Death Penalty Information Center (DPIC) website.

Robert Dunham, DPIC’s chief executive, said on Twitter that Montgomery’s attorneys intended to seek a new hearing on aspects of the case, meaning an execution may not take place on January 11.

Courts must resolve more legal issues before execution can occur, Dunham said.

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That includes Montgomery’s assertion that a provision of the federal Death Penalty Law requires that procedures related to federal executions follow the law of the state in which the crime was committed.

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

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

Moss, the District Court judge, concluded that under his order, the Federal Bureau of Prisons could not even reschedule Montgomery’s execution until at least January 1, but the appeals panel disagreed, The Associated reported Press.

Meaghan VerGow, a Montgomery attorney, said her legal team would ask the full appeals court to review the case and said Montgomery should not be executed on January 12.

In 2004, Montgomery used a rope to strangle Stinnett, who was eight months pregnant, and then cut the girl from the uterus with a kitchen knife, authorities said. She took the girl with her and tried to pass her off as her own, prosecutors said.

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

There are three federal executions scheduled for January.

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President-elect Joe Biden opposes the death penalty and his spokesman, TJ Ducklo, has said he will work to end its use.

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

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