Summary
Seventh Circuit denied rehearing en banc in a death penalty case where petitioner claimed his execution would violate the Federal Death Penalty Act, 18 U.S.C. § 3596(c). The per curiam order affirmed the panel's prior ruling, with Judge Wood dissenting (joined by Judge Rovner) arguing the petitioner was entitled to a hearing on his statutory claim. The case addresses procedural challenges to execution under the FDPA and the scope of judicial review.
Topics
Key quotations
“the petitioner is entitled to a hearing on his claim that his execution will violate the Federal Death Penalty Act, 18 U.S.C. § 3596(c)”
Procedural history
The United States District Court for the Southern District of Indiana, Terre Haute Division, entered a judgment in favor of petitioner-appellee. The respondents-appellants appealed. The Seventh Circuit panel issued an opinion on October 6, 2020. Petitioner-appellee filed a petition for panel rehearing and rehearing en banc. This order denies the petition.