MONTGOMERY v. WARDEN OF USP TERRE HAUTE, IN et al
| LISA MARIE MONTGOMERY |
| MICHAEL CARVAJAL, JEFFREY ROSEN and WARDEN OF USP TERRE HAUTE, IN |
| 2:2021cv00020 |
| January 8, 2021 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2241 |
| None |
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| Filing 27 MANDATE of USCA as to #18 Notice of Appeal filed by MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN (USCA #21-1052) - Because Montgomery has not overcome the strong presumption against last minute stays, Bucklew, 139 S. Ct. at 1134, and has not made a strong showing of a likelihood of success on her proposed Ford claim, Nken, 556 U.S. at 434, we vacate thedistrict court's stay of execution. (LBT) |
| Filing 26 Filed order from the Supreme Court re: 20A124. The application for stay of execution of sentence of death presented to Justice Barrett and by her referred to the Court is denied. (USCA #21-1052) (RSF) |
Filing 25
ORDER of USCA as to #18 Notice of Appeal filed by MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN (USCA #21-1052) - We vacate the district court's stay of execution. Motion Granted; Stay Vacated. (RSF)
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Filing 24
ORDER DENYING EMERGENCY MOTION FOR STAY - On January 11, 2021, the Court granted a motion to stay and entered an order staying Lisa Marie Montgomery's execution. Dkts. #17 , #22 . The government promptly filed a notice of appeal and an emergency motion to stay pending appeal. Dkt. #19 . As the government acknowledges, the Court has considered and rejected the arguments presented in their motion to stay. Id. at 1. For the reasons discussed in the Court's order granting a stay of execution, the government's emergency motion for stay pending appeal, dkt. #19 , is DENIED. Signed by Judge James Patrick Hanlon on 1/12/2021. (RSF)
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| Filing 23 USCA Case Number 21-1052 for #18 Notice of Appeal filed by MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN. (RSF) |
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Filing 22
ORDER STAYING THE EXECUTION OF LISA MARIE MONTGOMERY: Counsel have demonstrated that a stay of Lisa Marie Montgomery's execution is warranted. It is therefore ordered that respondents Warden of the USP Terre Haute, IN, Michael Carvajal, and Jeffrey Rosen are enjoined from executing Lisa Marie Montgomery until further order of this Court. Signed by Judge James Patrick Hanlon on 1/12/2021. (PKP)
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| Filing 21 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #18 Notice of Appeal. - for Court of Appeals Use Only. (RSF) |
| Filing 20 PARTIES' SHORT RECORD re #18 Notice of Appeal - Instructions for Attorneys/Parties attached. (RSF) |
| Filing 19 Emergency MOTION to Stay re #17 Order on Motion to Stay , filed by Respondents MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN. (Casey, Brian) |
| Filing 18 NOTICE OF APPEAL as to #17 Order on Motion to Stay, filed by Respondents MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN. (No fee paid with this filing) (Casey, Brian) |
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Filing 17
ORDER GRANTING MOTION TO STAY EXECUTION PENDING A COMPETENCE HEARING - Petitioner Lisa Montgomery is scheduled to be executed tomorrow, January 12, 2021, at the United States Penitentiary in Terre Haute, Indiana (USP - Terre Haute). Ms. Montgomery has filed a petition for writ of habeas corpus pursuant to 18 U.S.C. 2241, alleging that she is incompetent to be executed under Ford v. Wainwright, 477 U.S. 399 (1986), and a motion to stay execution. Ms. Montgomery's motion to stay execution, dkt. #12 , is GRANTED to allow the Court to conduct a hearing to determine Ms. Montgomery's competence to be executed. The Court will set a time and date for the hearing in a separate order in due course. (See Order.) Signed by Judge James Patrick Hanlon on 1/11/2021. (RSF)
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| Filing 16 APPENDIX re #11 Petition for Writ of Habeas Corpus Appendices G-J by LISA MARIE MONTGOMERY. (Attachments: #1 Appendix G - Kempke Declaration, #2 Appendix H - Harwell letter, #3 Appendix I - Henry letter, #4 Appendix J - Shields Declaration)(Henry, Kelley) Modified on 1/11/2021 - Created link to #15 (RSF). |
| Filing 15 REPLY TO RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR STAY OF EXECUTION #14 , filed by Petitioner LISA MARIE MONTGOMERY. (Henry, Kelley) Modified on - updated title 1/11/2021 (RSF). |
| Filing 14 RESPONSE IN OPPOSITION TO PETITION FOR HABEAS CORPUS #11 AND MOTION FOR STAY #12 filed by Respondents MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN. (Casey, Brian) Modified on 1/11/2021 - updated title (RSF). |
| Filing 13 Appendix of Exhibits in Support of Response in Opposition to Motion re #12 MOTION to Stay Execution Pending Final Disposition of her Petition for Writ of Habeas Corpus and #11 Amended Petition for Writ of Habeas Corpus, filed by Respondents MICHAEL CARVAJAL, JEFFREY ROSEN, WARDEN OF USP TERRE HAUTE, IN. (Attachments: #1 Exhibit A - Cottrell Declaration Regarding Failure to Request Examination, #2 Exhibit B - Buckner Declaration Regarding Phone Calls, #3 Exhibit C - Dr. Pietz Declaration Regarding Professional Opinions, #4 Exhibit D - Dr. Wheat Declaration Regarding BOP Psychology Records, #5 Exhibit E - Excerpts from BOP Medical Records, #6 Exhibit F - Excerpts of Transcripts of Jail Calls from Lisa Montgomery, #7 Exhibit G - November Letter from Garrison to Henry Regarding Competency Claim, #8 Exhibit H - Winter Declaration Regarding Execution Logistics, #9 Exhibit I - Wear Declaration Regarding Authentication of BOP Records, #10 Exhibit J - January 7 Letter from Henry, #11 Exhibit K - January 8 Response from Hyle)(Casey, Brian) |
| Filing 12 MOTION to Stay Execution Pending Final Disposition of her Petition for Writ of Habeas Corpus, filed by Petitioner LISA MARIE MONTGOMERY. (Henry, Kelley) |
| Filing 11 Corrected Petition for Writ of Habeas Corpus, filed by LISA MARIE MONTGOMERY. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet, #2 Appendix Appendix Index, #3 Appendix 1 - Appendix Index, #4 Appendix B - Part 1 2255 Hearing Exhibits, #5 Appendix B - Part 2 2255 Hearing Exhibits, #6 Appendix B - Part 3 2255 Hearing Exhibits, #7 Appendix B - Part 4 2255 Hearing Exhibits, #8 Appendix C - Part 1 2255 Hearing Testimony Transcripts, #9 Appendix C - Part 2 2255 Hearing Testimony Transcripts, #10 Appendix D - Trial Testimony Transcripts, #11 Appendix E - Montgomery Medical Records, #12 Appendix F - Expert Declarations)(Henry, Kelley) |
| Filing 10 NOTICE of Appearance on behalf of Respondents (Casey, Brian) Modified on 1/9/2021 (RSF). |
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Filing 9
ORDER - granting #5 Motion to Appear pro hac vice. Attorney Lisa Nouri for LISA MARIE MONTGOMERY added. Signed by Magistrate Judge Doris L. Pryor on 1/9/2021. (RSF)
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Filing 8
ORDER - granting #3 Motion to Appear pro hac vice. Attorney Amy D. Harwell for LISA MARIE MONTGOMERY added. Signed by Magistrate Judge Doris L. Pryor on 1/9/2021. (RSF)
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Filing 7
ORDER - granting #2 Motion to Appear pro hac vice regarding Kelley J. Henry on behalf of Lisa Montgomery. Signed by Magistrate Judge Doris L. Pryor on 1/9/2021. (RSF)
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Filing 6
ORDER SETTING BRIEFING SCHEDULE AND DENYING AS MOOT MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - Lisa Marie Montgomery is a federal inmate scheduled to be executed on January 12, 2021. She has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. The respondent shall have through 11:59 p.m. Eastern time on January 10, 2021, to respond to the petition (and any accompanying motion to stay). The petitioner shall have through noon Eastern time on January 11, 2021, to file a reply. The petitioner's motion to proceed in forma pauperis, dkt. #4 , is DENIED as moot because the $5.00 filing fee has already been paid. The clerk is directed to provide notice to government counsel from Mrs. Montgomery's 28 U.S.C. 2255 litigation at the email addresses listed below. Signed by Judge James Patrick Hanlon on 1/9/2021. (RSF)
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| Filing 5 MOTION for Attorney(s) Lisa Nouri to Appear pro hac vice (Filing fee $100, receipt number 0756-6358362), filed by Petitioner LISA MARIE MONTGOMERY. (Attachments: #1 1 - Proposed order)(Nouri, Lisa) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis , filed by Petitioner LISA MARIE MONTGOMERY. (Attachments: #1 1 - Certification of Trust Fund)(Henry, Kelley) |
| Filing 3 MOTION for Attorney(s) Amy D. Harwell to Appear pro hac vice (No fee paid with this filing), filed by Petitioner LISA MARIE MONTGOMERY. (Attachments: #1 Exhibit 1- Proposed order)(Harwell, Amy) |
| Filing 2 MOTION for Attorney(s) Kelley J. Henry to Appear pro hac vice (No fee paid with this filing), filed by Petitioner LISA MARIE MONTGOMERY. (Henry, Kelley) |
| Filing 1 PETITION for Writ of Habeas Corpus Pursuant to 18 U.S.C 2241, filed by LISA MARIE MONTGOMERY. (Filing fee $5, receipt number 0756-6358336) (Attachments: #1 1 - Civil Cover Sheet)(Henry, Kelley) |
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