Of these agencies, 146 filed reports. Higgs argued that 7/10: The Arkansas district court denies Lee’s motion. 7/16: The district court temporarily stays Purkey’s execution to consider the motion. A group of twenty-three current and former prosecutors have filed an amicus brief in support of that application. denied Mitchell’s motion to stay his execution to allow him to fully excruciating pain. 7/15: Federal prosecutors also ask the U.S. Supreme Court to stay or vacate the preliminary injunction. 7/16, 8:19 a.m.: Without notice to counsel, the Federal Bureau of Prisons executes Purkey. The government is requesting certiorari review in the U.S. Supreme Court. The district court rejected Montgomery’s motion to enforce the judgment, and Montgomery appealed. 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. during his execution that would leave him in excruciating pain while On November 14, 2020, the district court dismissed Hall’s petition. 11/18 update: On November 18, a panel of the DC Circuit Court of Appeals reversed the federal district court’s judgment dismissing the federal prisoners’ 8th Amendment claims but denied the prisoners’ stay motion that was based on the 8th Amendment. supporting his claim that the verdict in his case was the product of conviction for using and carrying a firearm during and in relation to a Purkey files an emergency application in the Seventh Circuit for a stay of execution pending resolution of his competency claim. 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. 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. § 924(c). Background: Orlando Hall, Brandon Bernard, and other federal death row prisoners are challenging several decisions by the District of Columbia federal district court denying relief on their execution protocol claims. 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. 1/13/20 and 1/15/20: The preliminary injunction remains in place, temporarily halting the executions of Alfred Bourgeois and Dustin Honken. Brandon Bernard sought to halt his execution on the grounds that federal prosecutors intentionally withheld crucial evidence that undermined its theory of prosecution, in violation of his right to a fair trial and sentencing. 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. Mitchell’s motion to stay his execution and his petition for writ of Montgomery is asking the U.S. Supreme Court to review that ruling and stay her execution. Johnson is appealing that ruling and asking for a stay of execution. On September 18, the U.S. Court of Appeals for the Seventh Circuit summarily affirmed the district court’s denial of Vialva’s habeas corpus petition and denied Vialva’s request for a stay of execution. On January 12, the Fourth Circuit denied Johnson a stay of execution. On December 8, the district court denied the prisoners’ motion for a preliminary injunction. 1/13 UPDATE: Johnson has filed a petition for rehearing en banc. 1/15 11:50pm UPDATE: The Fourth Circuit has remanded the case to the Maryland federal district court for the designation of Indiana. measures the BOP has undertaken to address the risk of spreading the Hall appealed his case in the Seventh Circuit Court of Appeals and asked the court to stay his execution. The RECAP data­base is crowd­sourced, so it may not have updates in real time. § 924(c). 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. Hall is appealing the case to the Seventh Circuit Court of Appeals. Peterson v. Barr (victims’ family members lawsuit, Indiana). (Read the government’s response and Hall and Bernard’s reply.) Nelson’s motion requested that the court include additional details about irreparable harm to address the reason given by the DC Circuit Court of Appeals for vacating the injunction. (Peterson v. Barr). On November 19, the DC federal district court issued a stay of execution and set aside the federal execution protocol. He is also separately asking the Fourth On November 17, the district court denied his stay motion. 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. 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. Marshals Service and that Johnson would be allowed to choose between lethal injection and electrocution. Otto Kerner, Jr. (D) - Illinois Governor, 1961-1968: Kerner had been a sitting judge in the United States Court of Appeals for the Seventh Circuit at the time of his indictment in 1972 for conspiracy, mail fraud, income tax evasion and lying to a grand jury, charges for which he was convicted of in 1973. BREAKING: Indictments Coming — List 09 Justice, 11 Society, Corruption, Ethics, Government, Law Enforcement, Officers Call. 1/13 UPDATES: In the DC Circuit federal court of appeals, the Justices Breyer, Kagan, and Sotomayor dissented, and Justice Sotomayor wrote a statement in dissent. Share 4.3K+ Tweet 0 Share. The remaining 525 agencies did not file a report, although they were not required to file if they did not participate in the system. Law enforcement agencies that participate in the federal asset forfeiture system must file information regarding federal seizures and proceeds with the State Auditor’s Office. the Federal Death Penalty Act’s requirement that federal executions must Hall argues that new evidence shows that racial bias infected his trial, confirming that Hall’s all-white jury was the result of racial discrimination and that the federal death penalty is disproportionately imposed on Black defendants like Hall. The information included in the compilation report is gathered from copies of the federal form “ACA Form – Equitable Sharing Agreement and Certification” submitted by law enforcement agencies to the State Auditor’s Office. 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. Assistant U.S. Attorney Joseph M. Marquez, Western District of Missouri, is prosecuting the case. On September 21, the court denied a stay of execution pending the disposition of his petition for rehearing en banc, and on September 22 the court denied the petition for rehearing.LeCroy also sought to halt his execution based on arguments that the federal execution protocol violates the Federal Death Penalty Act and Article II of the U.S. Constitution, which requires that the President “take care that the laws be faithfully executed.” That motion was filed in the U.S. District Court in the District of Columbia as part of the federal death-row prisoners’ challenge to the federal execution protocol. On December 29, the district court denied the government’s motion, holding that it did not have the authority to amend Higgs’ sentencing order as requested. 4/7: In a 2-1 decision that does not command a majority on its reasoning, the D.C. the request for Higgs and Johnson, and the government appealed. The complaint argues that the short Christopher Vialva (EXECUTED September 24)The U.S. Supreme Court denied Vialva’s request for a stay of execution and for certiorari review of the decision of the U.S. Court of Appeals for the Fifth Circuit denying his challenge to the federal execution protocol. The court granted this amendment in November 2005, but Johnson’s execution was enjoined in 2006 by litigation about the federal government’s execution protocol. rights. 3/20: The Indiana federal district court reaches the merits of Lee’s ineffective assistance claim and denies relief. – Hal Turner Radio For a couple days, the political class has been in an ever-growing cacophony, screeching for President Trump to leave office IMMEDIATELY. 7/14: The Eighth Circuit grants the government’s request and issues the mandate. The court found that the federal government’s execution protocol is “’not in accordance with law’ to the extent that it allows the dispensation and administration of pentobarbital without a prescription and must be ‘set aside’ in that respect.”. 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. 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. The court upheld the district court’s grant of partial summary judgment on the prisoners’ Food Drug and Cosmetic Act claim and upheld the district court’s denial of a permanent injunction on the claim. A list of the reporting agencies with amounts reported is included in the complete report. The district court denied the petition on September 9. Bourgeois challenged these decisions at the U.S. Supreme Court and sought a stay of execution to permit adjudication of his claim. a preliminary injunction in DC federal district court. He is executed before the court can rule. 11/26/2019: Purkey’s lawyers file suit in federal district court in Washington, D.C. arguing that he is incompetent to be executed because the combined effects of schizophrenia, traumatic brain injuries, and dementia from Alzheimer’s disease have left him incompetent to be executed. 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. 7/14, 2:30 a.m.: The Supreme Court denies the victims’ family members’ stay request. with applicable law.” The regulations also allow the setting of 1/14 UPDATES: By a 2-1 vote, a panel of the DC Circuit vacated the preliminary injunction. Higgs did not use the correct procedure to raise the claim. The case remains pending before the Washington, D.C. challenging his death sentence because it was based in part on a Filed by Texas Attorney General Ken Paxton on December 8, 2020, under the Supreme Court's original jurisdiction, Texas v. . New Execution Regulations: Along with the Federal Habeas Corpus Project and three death row prisoners, Higgs is challenging 7/11: Federal prosecutors ask the U.S. Supreme Court to vacate the stay issued by the Seventh Circuit. The Death Penalty Information Center tracked the litigation in the three federal executions scheduled for the week of July 13. 1/13 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. motion for a temporary restraining order or preliminary injunction on The indictment alleges that Boyce smuggled K2 into four Missouri prisons between 2019-2020: South Central Correctional Center in Licking, Missouri Eastern Correctional Center in … 7/15 p.m.: The U.S. Court of Appeals for the District of Columbia Circuit declines to vacate the injunction. On December 6, the D.C. federal district court ruled that the government had violated the FDPA but denied Bernard and Bourgeois’ motion for a preliminary injunction halting their executions. The district court denied relief on this claim and denied a stay of execution. The NAACP Legal Defense and Educational Fund has asked to file an amicus brief in support of Hall. 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. Michael O.D. The government also asked the U.S. Supreme Court to stay or vacate the district court’s ruling. Missouri Expands Expungement Eligibility – 7/19/2019. Marshals Service. The night of November 19, the Supreme Court denied the stay request and petition for certiorari. 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. temporary restraining order on August 25 but granted in part the ACLU’s motion for a preliminary injunction on September 5. The night of November 19th, the Supreme Court denied the stay request and petition for certiorari. 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. 7/14: Lee opposes the government’s request to accelerate the issuance of the mandate, asking the Eighth Circuit to decide his timely filed petition for rehearing en banc. 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. 21 seeking to require the Bureau of Prisons (BOP) to disclose documents The government opposed that request, and Hall replied. 1/15 UPDATE 2: The Seventh Circuit has affirmed the district court’s denial of a stay of execution. And neither did the site where I read it. offense was committed. Hall has asked the U.S. Supreme Court for a stay and has sought certiorari review. filed a motion to stay or vacate the injunction. Hall filed a petition for habeas corpus relief and a motion to stay execution in an Indiana federal district court. 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. 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. He requested a stay of execution on December 24th, but the district court denied the stay request on January 12. More than 635-thousand Missourians are now fully vaccinated. The ACLU filed a Freedom of Information Act (FOIA) lawsuit on August Johnson and Higgs have responded. The court held that the prisoners had not demonstrated irreparable harm. The named plaintiffs are non-death row prisoners serving their sentences in the Terre Haute Federal Correctional Complex (“FCC Terre Haute”), the same complex that houses federal death row and where executions are conducted. the combination of his coronavirus infection, heart disease, and severe Our Mission: To serve the public, bench, and bar in an effective, fair, and impartial manner. A panel of the DC Circuit initially denied this request, but the full court reconsidered and granted the stay late on January 11th. A Moderna whistleblower speaking under condition of anonymity for fear of retaliation said 3 of the […] Pardon Attorney. 1/12 UPDATE 3: Montgomery has opposed the government’s motion. The federal government scheduled the execution of Orlando Hall for November 19th. (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. 7/14, 2:30 a.m.: The U.S. Supreme Court denies his cert petition and stay application. 7/15: The district court orders Honken to show cause why his claim regarding his religious adviser’s presence in the execution chamber hasn’t been rendered moot by the Bureau of Prisons agreement to grant Honken’s request. Hall has asked the U.S. Supreme Court to grant certiorari review and to stay his execution. crime of violence in violation of 18 U.S.C. The bill adds to the list of convictions that can be expunged under Missouri’s expungement statute. 7/10: The district court issues a preliminary injunction in the family members’ lawsuit, now named Peterson v. Barr. The court denied this motion on December 9. 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. 7/8: The district court denies the motion to intervene but orders that a new lawsuit be docketed to address the family members’ claims. certiorari asking the court to review his claim that the trial court The U.S. Supreme Court has denied the stay application. the federal government announced his execution date. The court granted 1/15 UPDATE 2: Higgs has filed a response to the government’s stay application. 1/14 10:05pm UPDATE: Higgs and Johnson have filed a reply. he will suffer excruciating pain during his execution. Montgomery appealed this decision in the DC Circuit and asked for a stay of execution pending appeal. 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. 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. cases following the last round of federal executions. 2021, the Seventh Circuit affirmed the district court’s denial of Higgs’ claim. Posted on 2020/04/28 2020/04/29 by Editor. On November 19, 2020, the NAACP Legal Defense and Educational Fund filed an amicus brief in support of Hall. In addition, Bernard and Hall sought stay of execution while the appeal was being considered. 7/14: The government requests the immediate issuance of the mandate in the Eighth Circuit case dissolving the 12/6/19 stay. asthma heighten the risk that he will suffer flash pulmonary edema Montgomery’s team filed a petition for habeas corpus and motion for stay of execution in an Indiana district court. Prisoner Coronavirus Litigation. Johnson and Higgs sought rehearing en banc and a stay, the government opposed, and the DC Circuit denied en banc rehearing. I have no idea about the veracity of this indictment list. 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. Court: Eighth Circuit › Missouri › US District Court for the Western District of Missouri Type: Contract › Insurance Trustees of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART) Local Union No. Twenty defendants, primarily residents of Kansas City, Missouri, have been indicted for their roles in a drug-trafficking conspiracy. His petition was supported by an amicus brief filed by The Constitution Project. The same day, the 7th Circuit denied a stay and affirmed the district court’s order. 1/13 UPDATE: The Supreme Court granted the government’s motion to vacate the Eighth Circuit’s stay. Higgs is appealing this denial to the Seventh Circuit federal court of appeals. Justice Sotomayor, joined by Justice Kagan, dissented. Justices Breyer and Sotomayor wrote dissenting opinions. Bernard filed a petition in the U.S. Supreme Court seeking review of his claim and asking for a stay of execution. he is likely to experience a sensation of drowning and suffocating early Her lawyers argue that federal regulations require the government to wait until the stay expires to set a new execution date. 11/20/19: The U.S. District Court for the District of Columbia (D.C. District Court) issues a preliminary injunction halting the executions of Alfred Bourgeois, Dustin Lee Honken, Daniel Lewis Lee, and Wesley Ira Purkey, finding that the prisoners have demonstrated a substantial likelihood that they will succeed on their claim that the federal government’s execution protocol exceeds the statutory authority granted by the Federal Death Penalty Act. 7/16, 9:31 a.m. Central (10:31 a.m. Eastern): The Seventh Circuit issues an order saying: “Appellant’s sentence has been carried out rendering the motions and the appeal moot. protocol. 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. 1/14 5pm UPDATE: Johnson has asked the U.S. Supreme Court for a stay of execution based on the intellectual disability and First Step Act claims described below. 7/13: Lee files a petition for writ of certiorari seeking review of the Seventh Circuit’s ruling and an application for stay of execution. 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. Since the government currently states that Late January 11, the district court granted a stay of execution to allow a hearing on Montgomery’s claims. The named plaintiffs are non-death row prisoners serving their sentences in the Terre Haute Federal Correctional Complex (“FCC Terre Haute”), the same complex that houses federal death row and where executions are conducted. notice of his execution violates his right to full consideration of his Wednesday, October 28, 2020 (DC Circuit Court Order), The district court granted Nelson summary judgment on his claim that the government’s use of pentobarbital violates the Food, Drug, and Cosmetic Act. The government is asking the U.S. Supreme Court to overturn this ruling. Sorry, your blog cannot share posts by email. Dale Hartkemeyer, Purkey’s Buddhist religious advisor, files suit seeking a preliminary injunction delaying Purkey’s execution until after the COVID-19 pandemic. 7/8: Honken files a motion in the U.S. District Court for the Northern District of Iowa seeking to declare his execution date null and void and to reset or modify the execution date in light of the COVID-19 pandemic. Click to email this to a friend (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Capitol Briefs: Missouri releases ID verification app for alcohol sales, House considering bill to fight catalytic converter theft, Lawmakers call for local utility relief fund in wake of cold snap, Letter to the Editor: Response to Tobacco 21 bills in legislature, Opinion: How white politicians use dog whistles to divide us — and what white folks can do about it, Senate passes bill banning chokeholds, altering KCPD residency rules, Missouri Rep. Derges indictment grows to include alleged $900K COVID fraud scheme, Senate perfects effort to change KCPD residency requirements, Capitol Briefs: Coalition denounces protest, law enforcement reform bill. Circuit for authorization in case it agrees with the district court that permission to file a successive 2255 petition is necessary. Bernard separately raised a claim about this hidden evidence in federal post-conviction proceedings in Texas. Vialva requested an injunction against his execution arguing that the federal government violated the Federal Death Penalty Act and the trial court’s order in setting his execution date. 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. to any Department of Justice officer or employee. of Columbia seeking an injunction to stop his execution until his However, the government did not seek an order of the court before setting her execution date. A copy of today’s compilation report on funds received by law enforcement agencies through federal forfeiture system is available online here. appealing. Johnson and Higgs sought a stay in the DC Circuit in anticipation of filing a petition for certiorari review. in the execution process before the pentobarbital can have its full 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. clemency petition is resolved. expert testimony that COVID19 has compromised his lungs and therefore, 7/12: The U.S. Court of Appeals for the Seventh Circuit vacates the preliminary injunction. Kansas Woman Indicted for Smuggling Heroin Into Correctional Center 03.26.2021 More Charges Against State Lawmaker for $900,000 COVID-19 … The government asked the DC Circuit to stay or vacate the district court’s ruling. The federal government scheduled the executions of Lezmond Mitchell and Keith Nelson for August 26 and 28, 2020. In the same opinion, the district court granted the government summary judgment on the rest of the prisoners’ Administrative Procedure Act claims and motion to dismiss the remaining claims. 1/12 UPDATE: The Seventh Circuit has vacated the lower court’s stay. 7/16, 2:45 a.m.: The Supreme Court denies the spiritual advisors’ requests for a stay of execution. The court ordered the BOP to release COVID-19 testing data from federal death row by September 18. On July 9, 2019, Governor Mike Parsons signed into law Senate Bill 1. Higgs argued that The district court denied this motion at approximately 9:25pm. 11/19 updates: Hall asked the DC federal district court to set aside the protocol and to stay his execution. Due Process Challenge: On August 16, 2016, Higgs filed a petition (AZ Dist Ct Opinion) (9th 12/2/19: The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Federal cases are serious. The new regulations allow the Attorney General to vary from You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey Nathan who produces results due to his national profile and representation in the nation’s most significant federal indictments: Operation … The issue involves whether the federal protocol complies with On December 9, the U.S. Court of Appeals for the District of Columbia Circuit denied their requests and on December 10, the circuit court denied their motion for rehearing. During their fiscal year, they reported receiving $9.5 million and spending $7.8 million. In 2020, 671 Missouri law enforcement agencies were identified as being potential participants in the federal asset forfeiture system. 1/14 UPDATE 2: The Fourth Circuit has denied rehearing en banc, and Johnson has filed a motion for a stay of execution. The Political Panic: Indictments Being UNSEALED at all 94 Federal District Courts – Arrest Warrants signed by the dozens!!!! 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