and commutation of his death sentence with the President and the U.S. he is likely to experience a sensation of drowning and suffocating early appeal to the Seventh Circuit federal court of appeals was pending when 7/15/2020 a.m.: The U.S. District Court for the District of Columbia grants Purkey a preliminary injunction, finding that, on the record before the court, his counsel have presented a meritorious claim that he is incompetent to be executed. Hall is appealing the case to the Seventh Circuit Court of Appeals. On November 19, the DC federal district court issued a stay of execution and set aside the federal execution protocol. 7/14: The government requests the immediate issuance of the mandate in the Eighth Circuit case dissolving the 12/6/19 stay. Circuit denies the motion filed by federal prosecutors to stay enforcement of the district court injunction and sets an expedited briefing schedule for the prosecutors’ appeal of the district court’s ruling. 7/16: Honken asks the D.C. District Court to stay his execution so he can litigate his cross-appeal of the portions of the third preliminary injunction motion the district court had denied. 1/14 UPDATE 2: The Fourth Circuit has denied rehearing en banc, and Johnson has filed a motion for a stay of execution. Hall also argued that the government’s protocol violated the Federal Death Penalty Act because federal executions are not supervised by U.S. Execution Protocol Litigation Affecting All Executions 7/14, 2:30 a.m.: By a 5-4 vote, the U.S. Supreme Court grants the federal prosecutors’ motion to vacate the second district court injunction. 4/7: In a 2-1 decision that does not command a majority on its reasoning, the D.C. Ct. Derges was also elected in November 2020 to the seat of District 140 Missouri State Rep. for Christian County, according to the release. Posted on 2020/04/28 2020/04/29 by Editor. 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. On October 16, the federal government announced the scheduled executions of Lisa Montgomery (December 8) and Brandon Bernard (December 10). 7/10: The district court issues a preliminary injunction in the family members’ lawsuit, now named Peterson v. Barr. Dale Hartkemeyer, Purkey’s Buddhist religious advisor, files suit seeking a preliminary injunction delaying Purkey’s execution until after the COVID-19 pandemic. The documents revealed that eight members of the Hall execution team had tested positive for the coronavirus, at least five of whom were expected to participate in the December federal executions. Sorry, your blog cannot share posts by email. On January 14, the government filed a reply to Higgs’ brief in opposition. (AZ Dist Ct Opinion) (9th anti-Native-American bias. 1/15 UPDATE: The prisoners have filed an emergency motion asking the court to stop any further executions because of violations of the court’s ordered coronavirus precautions. certiorari asking the court to review his claim that the trial court Montgomery’s lawyers argue that severe mental illness and brain damage prevent her from having a rational understanding of her upcoming execution. The district court rejected Montgomery’s motion to enforce the judgment, and Montgomery appealed. 12/6/19: The U.S. District Court for the Eastern District of Arkansas stays Lee’s execution pending resolution of a case in the U.S. Supreme Court that could affect the consideration of an ineffective assistance of counsel claim Lee is raising in his case. The federal government executed Daniel Lee on July 14 and Wesley Purkey on July 16, both the day after their scheduled executions. 7/8: The district court grants Father O’Keefe’s motion to intervene. Late January 11, the district court granted a stay of execution to allow a hearing on Montgomery’s claims. So I am using it only as food for thought. 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. protocol. 1/14 UPDATE 2: The Fourth Circuit has denied Johnson’s stay motion. 1/14 10:05pm UPDATE: Higgs and Johnson have filed a reply. 1/15 UPDATE 4: The prisoners have filed a reply. 1/14 UPDATE: The government has filed a response to Johnson’s petition. 1/13/20 and 1/15/20: The preliminary injunction remains in place, temporarily halting the executions of Alfred Bourgeois and Dustin Honken. 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. U.S. District Court for the Eastern District of Missouri. of Columbia seeking an injunction to stop his execution until his The federal indictment charges each of the 15 defendants with participating in a conspiracy to distribute a kilogram or more of heroin and/or 400 grams or more of fentanyl in Christian and Greene counties from Sept. 23, 2018, to Nov. 14, 2019. the DC federal district court to issue a preliminary injunction halting That petition included arguments that employing the death penalty against a person of Vialva’s mental age at the time of the offense was constitutional and that prisoners for offenses committed as teenagers constituted cruel and unusual punishment. The court has granted Montgomery appealed this decision in the DC Circuit and asked for a stay of execution pending appeal. relating to the prevalence of COVID-19 at federal death row, what (DC District Court Order), Cruel and Unusual Punishment: The DC Circuit Court of Appeals denied Nelson’s stay request to allow consideration of the district court’s dismissal of the prisoners’ 8th 2021, the Seventh Circuit affirmed the district court’s denial of Higgs’ claim. Due Process Challenge: On August 16, 2016, Higgs filed a petition August 26th. Montgomery is asking the U.S. Supreme Court to review that ruling and stay her execution. 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. Texas v. Pennsylvania, 592 U.S. ___ (2020), was a lawsuit filed at the United States Supreme Court contesting the administration of the 2020 presidential election in certain states, in which Joe Biden defeated incumbent Donald Trump.. Peterson v. Barr (victims’ family members lawsuit, Indiana). 7/15: Federal prosecutors also ask the U.S. Supreme Court to stay or vacate the preliminary injunction. virus during the executions, and the costs of carrying out the federal (Jefferson City) Missouri vaccinators have now administered almost one-point-eight million COVID shots, which includes the first and second doses. On August 25, with no ruling on his clemency petition, The class-action suit argues that the prisoners incarcerated at FCC Terre Haute are being put at unnecessary and life-threatening risk by the convergence of more than a hundred people for each federal execution during a time of soaring coronavirus infections, hospitalizations, and deaths. 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. (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. 1/14 UPDATE: Johnson has filed a reply brief and a motion for stay of execution. The district court denied this motion at approximately 9:25pm. 1/13 UPDATE: With three Justices dissenting, the Supreme Court denied Montgomery a stay. in the execution process before the pentobarbital can have its full The government has appealed and asked the Seventh Circuit federal appeals court to vacate the stay. 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. District of Columbia, District of (364) Apply District of Columbia, District of filter California, Northern District (219) Apply California, Northern District filter New York, Southern District (213) Apply New York, Southern District filter Michigan, Eastern District (93) Apply Michigan, Eastern District filter New York, Eastern District (88) Apply New York, Eastern District filter Marshals Service and that Johnson would be allowed to choose between lethal injection and electrocution. The government also asked the U.S. Supreme Court to stay or vacate the district court’s ruling. 7/2: U.S. Court of Appeals for the Seventh Circuit decides a pending habeas corpus appeal in Purkey’s case and rules that no procedural mechanism exists for it to review his claims. 7/13 a.m.: The D.C. District Court issues a second preliminary injunction temporarily halting the executions of Daniel Lee, Wesley Purkey, Dustin Honken, and Keith Nelson, finding that on the limited record then before it, the prisoners had demonstrated a substantial likelihood that they will succeed in their claim that executing them with pentobarbital violates the Eighth Amendment’s prohibition against cruel and unusual punishments. 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. On January 11, 36 Pension Plan v. Kansas Woman Indicted for Smuggling Heroin Into Correctional Center 03.26.2021 More Charges Against State Lawmaker for $900,000 COVID-19 … Procedures Act. the combination of his coronavirus infection, heart disease, and severe (DC District Court opinion) (DC Circuit Court Order), Lezmond Mitchell (EXECUTED August 26, 2020), Clemency: On July 31, Mitchell filed a petition for clemency clemency petition is resolved. anesthetizing effect. 6/29: The U.S. Supreme Court declines to review the D.C. Circuit’s opinion in the execution protocol case. government’s execution protocol based on his likelihood of suffering Alfred Bourgeois argued that the federal government was constitutionally prohibited from executing him under Atkins v. Virginia and the Federal Death Penalty Act because of his intellectual disability. The stay request was denied. 1/14 UPDATE 3: The Fourth Circuit has denied Johnson’s motion for a stay of execution. challenging his death sentence because it was based in part on a *Links to case dock­ets are pro­vid­ed where avail­able. 7/16: Responding to prosecutors’ assertion that he should have filed his claim as part of a habeas corpus petition, Purkey files a stay motion in Indiana federal district court along with a habeas petition on his incompetency to be executed claim. Johnson is appealing that ruling and asking for a stay of execution. 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 2020 federal executions. The district court denied Johnson’s motion for reconsideration on November 19, 2020, and Johnson appealed to the Fourth Circuit federal court of appeals and asked the court to stay his execution. 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