LeCroy v. United States, No. 20-13353 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed the district court's denial of petitioner's motion to postpone his execution by several months on the ground that two of his three appointed lawyers are currently unable to meet with him due to circumstances caused by COVID-19. The court held that neither it nor the district court has the authority to postpone petitioner's execution—at least absent a demonstration that a stay is warranted, a showing that petitioner has not attempted to make.
Moreover, and in any event, the court held that petitioner is not entitled to relief on the merits where 18 U.S.C. 3596(a), which states that execution shall be implemented in the manner prescribed by the law of the State in which the sentence is imposed, does not extend to ensuring a lawyer's presence at execution.