STAY OF EXECUTIONS 2021

Date of Scheduled ExecutionStatePrisonerReason for Stay
January
12FederalLisa MontgomeryEXECUTION DATE VACATED by U.S. District Court for the District of Columbia on December 24, 2020 because the new execution date was set while a stay of execution was in effect, in violation of the terms of federal execution regulations. On January 1, 2021, a panel of the U.S. Court of Appeals for the District of Columbia Circuit vacated the district court’s order, and full court denied reargument.STAYED by U.S. Court of Appeals for the District of Columbia Circuit on January 11, 2021 pending “highly expedited initial hearing en banc of Montgomery’s appeal to resolve our circuit law on the important question of the meaning of ‘implementation of death in the manner prescribed by the law of the State in which the
sentence is imposed,’ under the Federal Death Penalty Act, 18 U.S.C. § 3596(a).” (Subject to appeal)
STAYED by the U.S. District Court for the Southern District of Indiana on January 11, 2021 to permit consideration of Montgomery’s claim that she is mentally incompetent to be executed. STAY VACATED by the U.S. Court of Appeals for the Seventh Circuit on January 12.
STAYED by the U.S. Court of Appeals for the Eighth Circuit on January 12, 2021 to permit appeal on whether the execution notice violated the terms of the trial court’s sentencing order. Stay VACATED by the U.S. Supreme Court near midnight on January 12.
EXECUTED January 13, 2021.
13OHCleveland JacksonREPRIEVED
15FederalDustin HiggsEXECUTION NOTICE INVALIDATED by U.S. District Court for the District of Maryland on December 29, 2020. Original sentencing order requires execution per Maryland procedures, while execution set for Indiana. Court says its lacks authority to modify the sentencing order. (The Department of Justice filed an appeal in the U.S. Court of Appeals for the Fourth Circuit on December 31.)
Stay vacated by the U.S. Supreme Court near midnight on January 15.
EXECUTED January 16, 2021
20OHDawud E. SpauldingLegally Premature Warrant STAYED by the Ohio Supreme Court on March 2, 2017 “pending disposition of available state remedies.”
21TXBlaine MilamSTAYED by the Texas Court of Criminal Appeals on January 15, 2021 and remanded to the trial court for consideration of Milam’s claim that he is ineligible for the death penalty because of intellectual disability
February
4TNOscar SmithStay granted by the Tennessee Supreme Court on January 6, 2021 as a result of COVID-19 concerns.
10TXEdward BusbySTAYED by the Texas Court of Criminal Appeals on February 3, 2021 and remanded to the trial court for consideration of Busby’s claim that he is ineligible for the death penalty because of intellectual disability.
11ALWillie B. Smith IIIStay grantedby the U.S. Court of Appeals for the 11th Circuiton February 10, 2021 until February 16 to provide the court time to consider a claim Smith raised under the Americans With Disabilities Act. Stay vacated by the U.S. Supreme Court close to midnight Eastern time on February 11, 2021.

PRELIMINARY INJUNCTION GRANTED by the U.S. Court of Appeals for the 11th Circuit on February 10, 2021 based on Smith’s claim that Alabama’s refusal to permit his pastor in the execution chamber violates federal religious discrimination law. Application to vacate the injunction DENIED by the U.S. Supreme Court close to midnight Eastern time on February 11, 2021.
18OHJames O’NealREPRIEVED
March
18OHMelvin BonnellREPRIEVED
24OHSteven E. CepecDATE REMOVED
April
8TNByron BlackSTAYED
21OHElwood JonesReprieve granted by Gov. Mike DeWine on December 18, 2020, and execution rescheduled for December 6, 2023.
May
27OHGregory LottReprieve granted by Gov. Mike DeWine on December 18, 2020, and execution rescheduled for February 15, 2024.
June
23OHArchie DixonReprieve granted by Gov. Mike DeWine on December 18, 2020, and execution rescheduled for April 17, 2024.
July
None
August
None
September
None
October
20OHJames FrazierDied on death row of COVID-19 on November 19, 2020.
November
None
December
None