Appeals court vacates order delaying woman’s execution
Legal Analysis
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 rule Muslim men can sue FBI agents over no-fly list
Legal Analysis 12/11/2020A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.The justices continued a string of de...
-
Trump, GOP drop Nevada court appeal of ballot count case
Legal Analysis 11/12/2020A state court legal fight to stop the counting of mail ballots in the Las Vegas area has ended after the Nevada Supreme Court dismissed an appeal by the Donald Trump campaign and the state Republican party, at their request. The dismissal leaves two ...
-
Ohio Supreme Court to hear armed school staff training case
Legal Analysis 08/03/2020The Ohio Supreme Court will hear a school district's appeal of a ruling that they must provide police-level training to employees carrying concealed weapons.Madison Local Schools voted to allow armed school employees after a 2016 shooting in which tw...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.