No. 20-922

Lisa Marie Montgomery v. Jeffrey A. Rosen, Acting Attorney General, et al.

Lower Court: District of Columbia
Docketed: 2021-01-09
Status: Denied
Type: Paid
Experienced Counsel
Tags: appellate-review civil-procedure civil-rights district-court due-process federal-regulations first-impression judicial-procedure legal-standard standing summary-reversal
Latest Conference: N/A
Question Presented (from Petition)

1. Federal regulations provide that "[i]f the date designated for execution passes by reason of a stay of execution, then a new date shall be designated promptly by the Director of the Federal Bureau of Prisons when the stay is lifted." 28 C.F.R. § 26.3(a)(1) (emphasis added).

The first question presented is whether, consistent with § 26.3(a)(1), the Director may designate a new execution date for a person condemned to death while a stay of that person's execution is in place.

2. A panel of the D.C. Circuit summarily reversed the reasoned decision of the district court on a motion and without full briefing.

The second question presented is whether a federal court of appeals may summarily reverse the decision of a district court on an important question of first impression.

Question Presented (AI Summary)

whether the director may designate a new execution date while a stay is in place

Docket Entries

2021-01-12
Reply of petitioner Lisa Marie Montgomery filed.
2021-01-12
Application (20A121) referred to the Court.
2021-01-12
Petition DENIED.
2021-01-12
Application (20A121) denied by the Court.
2021-01-11
Brief of respondents Jeffrey A. Rosen, et al. in opposition filed.
2021-01-09
Petition for a writ of certiorari filed. (Response due February 8, 2021)
2021-01-09
Application (20A121) for a stay of execution of sentence of death, submitted to The Chief Justice.

Attorneys

Jeffrey Rosen, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Lisa Marie Montgomery
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Petitioner