The judgment, bied far 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 left Lisa Montgomerys execution date in an order last week.U.S. District Court Judge Randolph Moss had ruled the Justice Department unlawfully rescheduled Montgomerys execution and he vacated an order from the director of the Bureau of Prisons arranging her death for January 12. Montgomery had been set up to be put to death at the Federal Correctional Complex in Terre Haute, Indiana, in December, however Moss delayed the execution after her attorneys contracted coronavirus visiting their client and asked him to extend the time to submit a clemency petition.Moss concluded that the under his order the Bureau of Prisons might not even reschedule Montgomerys execution until at least January 1. However the appeals panel disagreed.Meaghan VerGow, a lawyer for Montgomery, said her legal team would request the complete appeals court to examine the case and said Montgomery needs to not be executed on January 12. Montgomery was convicted of eliminating 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 8 months pregnant, and then cut the child girl from the womb with a kitchen knife, authorities said. Montgomery took the kid with her and tried to pass the girl off as her own, district attorneys said.
Lisa Montgomery (left) and the woman she is implicated of killing, Bobbie Jo Stinnett (ideal), prior to cutting her open up to steal her unborn baby lady. 12-21-04
Washington — A federal appeals court has actually cleared the method for the only female on federal death row to be executed prior to President-elect Joe Biden takes workplace.
AP/Nodaway-Holt High School
Montgomerys lawyers have argued that their client suffers from major mental disorders. Biden opposes the death sentence and his representative, TJ Ducklo, has actually stated he would work to end its use. Biden has not stated whether he will halt federal executions after he takes workplace January 20.