Posted by James Romoser and Angie Gou on Wednesday, January 13, 2021, 1:41
The Supreme Court announced the path to the execution of Lisa Montgomery on Tuesday night. Lisa Montgomery was the first woman executed by the federal government in 68 years. Montgomery was sentenced in 2008 to eight months pregnant Missouri woman Bobbie Jo Stinnett strangled to death and convicted of taking a premature baby as her own child.
In a series of brief, unsigned orders, the Supreme Court overturned two Federal Court of Appeals rulings that put Montgomery’s death sentence on hold and rejected two other last-minute requests. Montgomery argued that she had the right put off. In two of the orders, the three liberal judges of the court stated that they did not agree and would not allow the execution of the death penalty.
Soon after the court issued the final late-night order, Montgomery was executed by lethal injection at the federal executive agency in Terre Haute, Indiana.She used to be Declared dead at 1:31 AM
In the past few days, four separate cases related to Montgomery’s execution have been sent to the judiciary.
One box Involving the meaning of the “Federal Death Penalty Act”, the law requires that “the federal death penalty shall be executed in the manner prescribed by the state law that imposed the death penalty.” Montgomery, who was sentenced in Missouri, argued that the Department of Justice had failed to comply with a requirement of Missouri to notify prisoners at least 90 days before execution. On Monday night, the U.S. Court of Appeals for the District of Columbia Circuit allowed Montgomery to suspend the execution, saying Montgomery raised important unresolved questions about the meaning of the FDPA.
The government made an urgent appeal in the Supreme Court on Tuesday morning, arguing that the FDPA only requires the federal government to follow the state’s general enforcement methods. The government told the judge that the statute does not apply to state procedural rules, such as scheduling enforcement dates.in a Second sentence order, The court lifted the hold on the DC Circuit Court. Judges Stephen Breyer, Sonia Sotomayor and Elena Kagan said they would have stayed.
in a Separate situationMontgomery (Montgomery) argued that the sentence that imposed the death penalty on her in 2008 contained a suspension clause, and she said the suspension was never lifted. The government countered that the provision was only a way to protect Montgomery’s right to appeal, and it never intended to execute her execution indefinitely. The U.S. Court of Appeals for the Eighth Circuit reached an agreement with Montgomery on Tuesday afternoon and ordered the execution of Montgomery a few hours before the planned 6 pm execution.The government appealed to the Supreme Court, and the Supreme Court overturned the Eighth Circuit Court and cancelled Order Released around midnight. No judge disputed this order.
A kind The third case Whether Montgomery is not eligible for the death penalty due to mental illness. Montgomery’s lawyers argued that she suffered from bipolar disorder, experienced intense hallucinations and continued to suffer the psychological effects of severe childhood sexual abuse. A magistrate in Indiana believed that Montgomery had the right to hold a hearing on whether her current state of mind prevented her from understanding the reasons for the government’s execution. A district court judge announced the suspension of the death penalty on Monday, but the US Court of Appeals for the Seventh Circuit quickly revoked the death sentence.Montgomery asked the Supreme Court to restore the suspension, but in Another short midnight command, The court refused to do so. Breyer, Sotomayor and Kagan pointed out that they could have suspended Montgomery’s mental state hearing.
Finally, Montgomery (Montgomery) in Fourth case The Justice Department violated federal regulations when arranging her execution. The government initially set her death sentence on December 8, but in November, her lawyer signed COVID-19, and the judge ordered the suspension of execution. The suspension is valid until December 31. During the suspension period, on November 23, the government rescheduled the execution of the death penalty on January 12. Montgomery argued that the rescheduled time violated 28 CFR § 26.3(a)(1). Statement: “If the specified execution date is out of date due to suspension of execution, the Director of the Federal Prison Service shall immediately specify a new date when the suspension is lifted.”
Montgomery argued that under the statute, the Justice Department must wait until the suspension period expires before setting a new enforcement date. The government argues that the law provides for the obligation to reschedule the execution of the death penalty after the suspension period expires, but does not prohibit the government from rescheduling the execution time before the suspension period expires. The DC Circuit Court supports the government and the Supreme Court without any objections. Dismissed Montgomery’s appeal on this issue.
Montgomery was the first woman executed by the federal government since 1953. Currently, no other women are in federal death row.
Since the Trump administration in July last year, Montgomery has also become the 11th person executed by the federal government End of the 17-year federal death penalty moratorium.
The Justice Department has planned to execute two more executions during the decline of the Trump administration. It wants to execute Corey Johnson on Thursday and Dustin Higgs on Friday, but both recently tested positive for COVID-19 and tested a federal judge on Tuesday. Stop execution Based on the lung damage associated with the virus may lead to the risk of severe pain during the lethal injection. President-elect Biden opposed the death penalty.
James Romoser and Angie Gou,
Overturned several lower courts, the justice allowed Lisa Montgomery to execute,
SCOTUS blog (January 13, 2021, 1:41 AM), https://www.scotusblog.com/2021/01/reversing-several-lower-courts-justices-allow-execution-of-lisa-montgomery/