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193618P.pdf 06/01/2020 United States v. Daniel Lewis Lee
U.S. Court of Appeals Case No: 19-3618
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Kelly and Erickson, Circuit Judges]
Death Penalty - execution of sentence. After the district court issued a
stay of execution and the execution date passed, the government pursued
the appeal of the district court's order. Because the stay order extends
until further order of court, the appeal is not moot. The district court
applied an incorrect legal standard in relying on Chambers v. Bowersox to
justify a stay of execution pending a decision by the Supreme Court in
Banister v. Davis. An appreciable chance that Bannister could allow for
additional judicial consideration of Lee's previously denied Rule 59(3)
motion was not sufficient to justify a stay of execution. Accordingly the
district court's stay order is vacated.