Supreme Court of the United States · Official docket →
Lisa Marie Montgomery v. Jeffrey A. Rosen, Acting Attorney General, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5379 · judgment January 1, 2021
Before the decision, about 11.5× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a D.C. Circuit decision below, and a circuit split argued in the petition.
Questions presented
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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.
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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.
Counsel of record
For petitioner
Meaghan Elizabeth McLaine VerGow
O'Melveny & Myers LLP
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Proceedings
- Jan 12 2021Reply of petitioner Lisa Marie Montgomery filed.
- Jan 12 2021Application (20A121) referred to the Court.
- Jan 12 2021Petition DENIED.
- Jan 12 2021Application (20A121) denied by the Court.
- Jan 11 2021Brief of respondents Jeffrey A. Rosen, et al. in opposition filed.
- Jan 09 2021Petition for a writ of certiorari filed. (Response due February 8, 2021)
- Jan 09 2021Application (20A121) for a stay of execution of sentence of death, submitted to The Chief Justice.