Johnson provided On November 20, the government announced that Alfred Bourgeois would be executed on December 11th. 3/20: The Indiana federal district court reaches the merits of Lee’s ineffective assistance claim and denies relief. Dale Hartkemeyer, Purkey’s Buddhist religious advisor, files suit seeking a preliminary injunction delaying Purkey’s execution until after the COVID-19 pandemic. Higgs argued that Johnson argued that his convictions for taking part in a “continuing criminal enterprise” are covered offenses eligible for reconsideration under the First Step Act. The Immigration and Nationality Act, the Controlled Substance Act and the uniform code of military justice, and removes any all provisions of capital punishment.”. it has no plans to vary from execution regulations, the court has measures the BOP has undertaken to address the risk of spreading the a preliminary injunction in DC federal district court. COVID19 and Execution Protocol: Johnson has asked The issue involves whether the federal protocol complies with 1/14 UPDATE 3: The Fourth Circuit has denied Johnson’s motion for a stay of execution. Federal Death Penalty Act challenge: After the DC Circuit reversed the grant of relief on Montgomery’s federal regulatory challenge, Montgomery asked the district court to rule on her remaining claim that the federal government violated the FDPA by failing to provide the notice required under Missouri law in setting her execution date. While the motion was pending in district court, the federal government announced Higgs’ execution date. the DC federal district court to issue a preliminary injunction halting Modification of sentencing order: Johnson is challenging the Virginia federal district court’s modification of its original order about the manner in which his death sentence would be carried out. executions. Pardon Attorney. A panel of the DC Circuit initially denied this request, but the full court reconsidered and granted the stay late on January 11th. However, the government did not seek an order of the court before setting her execution date. In a September 21 news release, the ACLU maintained that the FOIA data revealed that the BOP undertook inadequate testing and precautions and that this was followed by a COVID-19 outbreak and deaths at the federal prison in Terre Haute, Indiana where the executions took place. 12/6/19: The U.S. Court of Appeals for the Seventh Circuit vacates the Indiana district court stay. Intellectual disability: Johnson asked a Virginia federal district court to grant relief from his death sentence because as the earliest federal death row prisoner who raised an intellectual disability claim, his counsel did not understand how to investigate and present the claim and hired an unqualified expert. And legislation on the governors emergency powers was significantly scaled back. Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Pointing to the more than 160 Americans who’ve been exonerated from death sentences since 1973, […] Montgomery’s lawyers argue that severe mental illness and brain damage prevent her from having a rational understanding of her upcoming execution. The night of November 19th, the Supreme Court denied the stay request and petition for certiorari. Dicamba has been known to drift off of the farm fields where it's applied and damage neighboring crops. Thirty-seven members of Congress urged Biden in a Jan. 22 letter to support the Federal Death Penalty Prohibition Act, sponsored by Rep. Ayanna Pressley, D … A panel of the Eleventh Circuit Court of Appeals denied his appeal on September 16. 1/14 UPDATE 2: The Fourth Circuit has denied rehearing en banc, and Johnson has filed a motion for a stay of execution. 7/2: Father Mark O’Keefe, Honken’s Roman Catholic religious advisor, files a motion to intervene in the lawsuit. executions during the pandemic. As a candidate, Biden campaigned against the federal death penalty. The 12/11 scheduled execution of Lezmond Mitchell is stayed on unrelated grounds by the U.S. Court of Appeals for the Ninth Circuit. They also want the President to dismantle the federal death chamber in Terre Haute, Indiana where 13 executions were carried out between July of 2020 and January 2021. By Anika Khubchandani. virus during the executions, and the costs of carrying out the federal Joe Biden is the first president in U.S. history to openly campaign on abolishing the death penalty and win. (The FDPA requires federal executions to be conducted in the same manner as that of the state in which the federal trial occurred.) The federal district court dismissed Johnson’s case without prejudice because it ruled that Johnson needed permission from the Fourth Circuit federal court of appeals before filing a successive 2255 petition. 1/13 UPDATE: The government has filed its opposing brief in the Fourth Circuit. Circuit Court denies Honken’s request for a stay of execution pending his cross-appeal. The sentencing order stated that her execution would be stayed on appeal pending further order of the court. still sensate. Thirty-seven members of Congress urged Biden in a Jan. 22 letter to support the Federal Death Penalty Prohibition Act, sponsored by Rep. Ayanna Pressley, D-Mass., and Sen. Dick Durbin, D-Ill. 1/12 UPDATE 3: Montgomery has opposed the government’s motion. The death penalty was last used by the federal government back in 2003, when Louis Jones was put to death for raping and then killing a female soldier in the Army. 7/2: Citing the COVID-19 pandemic, Lee files a motion in the Arkansas district court to modify his execution date. Furman, like McGautha, argued that capital cases resulted in arbitrary and capricious sentencing. 6/29: The U.S. Supreme Court declines to review the D.C. Circuit’s opinion in the execution protocol case. 7/13: The victims’ family members ask the U.S. Supreme Court to stay the Seventh Circuit’s order vacating the preliminary injunction. The government requested that the sentencing order be modified to allow his execution at the Terre Haute Federal Correctional Complex and to specify that Johnson would be executed via lethal injection. 1/14 6pm UPDATE: The Constitution Project has asked for permission to file an amicus brief. 12/5/19: The U.S. District Court for the Southern District of Indiana stays Lee’s execution to decide the merits of his claims of ineffective assistance of counsel and newly discovered evidence. 21 seeking to require the Bureau of Prisons (BOP) to disclose documents Marshals Service and that Johnson would be allowed to choose between lethal injection and electrocution. On December 8, the district court denied the prisoners’ motion for a preliminary injunction. revisions violate the separation of powers and the Administrative 1/15 UPDATE 2: The court has given prison officials until 7pm Eastern “to show cause why they should not be held in contempt for violating the injunction.” 1/15 UPDATE 3: The government has filed a response claiming that officials did not violate the mask requirements of the court’s order. 7/15: Federal prosecutors also ask the U.S. Supreme Court to stay or vacate the preliminary injunction. 7/14: Without notice to defense counsel and before counsel can seek review in the U.S. Supreme Court, the Bureau of Prisons executes Lee. For oth­er fed­er­al cas­es, links are pro­vid­ed to cas­es list­ed in the RECAP data­base when avail­able https://​www​.courtlis​ten​er​.com/​recap since the PACER fed­er­al court doc­u­ment sys­tem requires reg­is­tra­tion and some­times pay­ment. anesthetizing effect. 1/13 1/15 UPDATE 2: The Seventh Circuit has affirmed the district court’s denial of a stay of execution. An Act To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes. On November 18, 2020, the Seventh Circuit summarily affirmed the district court’s judgment and denied Hall’s stay motion. The Washington, D.C. federal district court originally granted relief on this claim, but the DC Circuit U.S. Court of Appeals reversed the district court’s ruling. 6/1/20: The U.S. Court of Appeals for the Eighth Circuit vacates the Arkansas district court stay, but delays issuance of the mandate, leaving the stay temporarily in effect. The original sentencing order provided for Higgs’ execution in the manner prescribed by Maryland law, but Maryland has since abolished the death penalty. for habeas corpus relief in an Indiana federal district court 7/10: The district court issues a preliminary injunction in the family members’ lawsuit, now named Peterson v. Barr. Brady and Defective Indictment Challenge: Higgs filed a petition for habeas corpus relief in an Indiana federal district court because of new evidence to support his claim that the government withheld crucial exculpatory evidence and that his indictment failed to allege essential elements of a capital offense. In the landmark case Furman v.Georgia in 1972, the United States Supreme Court had declared all then-existing death penalty statutes unconstitutional because they failed to give juries adequate guidance in selecting the persons to be sentenced to death. notice of his execution violates his right to full consideration of his 1/14 6pm UPDATE: The DC Circuit denied the stay request. Federal prisoners Patrick R. Smith and Brandon S. Holm filed a class-action lawsuit in an Indiana federal district court on November 25th to halt the December executions. 7/7: Family members of the victims move to intervene in Hartkemeyer v. Barr, a lawsuit brought by Purkey’s religious adviser in the U.S. District Court for the Southern District of Indiana, seeking to postpone the executions until after the COVID-19 pandemic so they can attend the execution without placing their lives and health at risk. clemency petition is resolved. The district court denied relief on this claim and denied a stay of execution. 7/17: The D.C. On October 16, the federal government announced the scheduled executions of Lisa Montgomery (December 8) and Brandon Bernard (December 10). Amendment challenge to the federal execution protocol based on the likelihood of excruciating pulmonary edema. Three justices noted their dissent. anti-Native-American bias. The government is asking the U.S. Supreme Court to overturn this ruling. Espaillat said he’s concerned with the disproportionate amount of African-American and Hispanic inmates executed by the government. The court denied this motion on December 9. Keith Dwayne Nelson (EXECUTED August 28, 2020), Illegal Use of Pentobarbital: The DC district court denied Nelson’s motion for a renewed permanent injunction. Though the district court did not halt the December executions, it issued a limited preliminary injunction regarding the January 2021 executions. Hall also argued that the government’s protocol violated the Federal Death Penalty Act because federal executions are not supervised by U.S. The federal government executed Daniel Lee on July 14 and Wesley Purkey on July 16, both the day after their scheduled executions. 7/16, 3:35 a.m. Central (4:35 a.m. Eastern): 12/6/19: The United States Supreme Court refuses to stay or vacate the district court’s preliminary injunction order pending appeal, leaving the executions on hold. Hall opposed this motion, and the government filed a reply. The federal government has rescheduled the execution of Lisa Montgomery for January 12th and scheduled the executions of Corey Johnson (January 14th) and Dustin Higgs (January 15th) for the same week. On April 19, 2017, Hall filed a petition for habeas corpus relief in an Indiana federal district court challenging his death sentence because it was based in part on a conviction for using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. The January 7, 2021 order requires the federal government to take several precautions to prevent the spread of the coronavirus during the executions. The ACLU filed a Freedom of Information Act (FOIA) lawsuit on August Circuit vacates the preliminary injunction and remands the case to the D.C. District Court to address the other challenges to the execution protocol that the prisoners have raised. Higgs argued that 1/14 UPDATE: By a 2-1 vote, a panel of the DC Circuit has vacated the preliminary injunction. The government has appealed and asked the Seventh Circuit federal appeals court to vacate the stay. 7/10: The Seventh Circuit affirms the district court’s denial of relief. Following this victory, Racial Justice Act legislation was introduced, but was not passed, in Florida, Georgia, Illinois, Nebraska, North Carolina, and South Carolina. The government appealed to the Fourth Circuit, but the court set oral argument for after the scheduled execution date, and it denied the government’s request to expedite argument because of the novelty of the complex issue. Hall appealed his case in the Seventh Circuit Court of Appeals and asked the court to stay his execution. On December 9, the prisoners asked for emergency discovery for COVID-19 contact tracing records about staff and execution team members who had tested positive for the coronavirus. (Complaint; DC Dist. SHORT TITLE. § 650 Case Management in Federal Capital Habeas Corpus Proceedings § 655 Establishment of Capital Habeas Units & Other Resources § 660 Authorization and Payment for Investigative, Expert, and Other Services in Capital Cases § 670 Scheduling of Federal Death Penalty Case Authorization to Control Costs § … The American Civil Liberties Union, Amnesty International, and several civil rights organizations are urging President Biden to commute all 49 federal death row inmates sentences to life in prison. (Nelson’s Request for New Injunction) (DC District Court Order), The DC Circuit Court of Appeals granted the government’s motion to vacate the permanent injunction issued by the DC federal district court on August 27, stating that the district court did not provide enough factual support for its finding of irreparable harm. Bernard and Bourgeois argued that the government violated the Federal Death Penalty Act by not giving the notice of execution date required under Texas law. As a candidate, Biden campaigned against the federal death penalty. with applicable law.” The regulations also allow the setting of Since the government currently states that Cir Opinion) (SCOTUS briefing). 1/16 12am UPDATE: The Maryland federal district court has designated Indiana as the state governing the manner of execution, finalizing the process set in motion by the Supreme Court’s decision. The court also orders Purkey to show cause why the case should not be transferred to the Southern District of Indiana. conviction for using and carrying a firearm during and in relation to a First Step Act: On August 19, 2020, Johnson asked a Virginia federal district court to reduce his sentence under the First Step Act because his death sentence was based in part on convictions related to drug trafficking. It was reinstated in the Anti-Drug Abuse Act of 1988 for a short list of crimes, and then lengthened to include 60 offenses in the Federal Death Penalty Act of 1994. Johnson asked the court to vacate its amended order because the court did not have legal authority to modify its original order specifying the manner of his execution. The district court reserved judgment on an Eighth Amendment claim brought by prisoner Norris Holder challenging the application of the execution protocol based on facts specific to his case. The district court denied the petition on September 9. The Death Penalty Information Center tracked the litigation in the three federal executions scheduled for the week of July 13. On November 14, 2020, the district court dismissed Hall’s petition. 7/11: Federal prosecutors ask the U.S. Supreme Court to vacate the stay issued by the Seventh Circuit. expert testimony that COVID19 has compromised his lungs and therefore, 1/15 UPDATE: The government has filed a response to the stay motion, and Higgs has replied. Related Freedom of Information Act Litigation In the same order, the district court granted summary judgment for the government on the rest of the prisoners’ claims, including a claim that the execution protocol violated the Federal Death Penalty Act. Purkey files an emergency application in the Seventh Circuit for a stay of execution pending resolution of his competency claim. 7/16, 6:58 Central (7:58 a.m. Eastern): Purkey files a Motion for Stay of the July 16, 2020 Execution While Pending Appeal in the Seventh Circuit. William Emmett LeCroy (EXECUTED September 22)Shortly before 7:30 p.m. Eastern, 1-1/2 hours after his execution was scheduled to begin, the U.S. Supreme Court denied LeCroy’s request for a stay and review of the denial of his motion to halt his scheduled execution based on the inability of his lawyers to meet with him because of the COVID-19 pandemic. The government has responded to her petition. during his execution that would leave him in excruciating pain while he will suffer excruciating pain during his execution. 1/12 UPDATE 2: The government has asked the U.S. Supreme Court to vacate the stay. Thirty-seven members of Congress urged Biden in a Jan. 22 letter to support the Federal Death Penalty Prohibition Act, sponsored by Rep. Ayanna Pressley, D-Mass., and Sen. Dick Durbin, D-Ill. New Execution Regulations: Along with the Federal Habeas Corpus Project and three death row prisoners, Higgs is challenging This injunction was lifted in September 2020. Late January 11, the district court granted a stay of execution to allow a hearing on Montgomery’s claims. The federal district court denied a The bill has already been introduced by Rep. Ayanna Pressley in collaboration with Senator Dick Durbin, who has indicated he will introduce a […] On January 12, the Fourth Circuit denied Johnson a stay of execution. Higgs and Johnson have asked the U.S. Supreme Court for a stay of execution, the government has filed a brief in opposition, and the Supreme Court denied the stay application.
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