Experts who examined Montgomery after conviction concluded that by the time of her crime she had long been living with psychosis, bipolar disorder, and post-traumatic stress disorders. She was said to be often disassociated from reality and to have permanent brain damage from numerous beatings at the hands of her parents and spouses. The case of Atkins v. Virginia ruled that executing individuals with intellectual disability violates the Eighth Amendment to the United States Constitution regarding cruel and unusual punishments. Given this ruling, it could be expected that Montgomery was ineligible for a death sentence. Very strong and undisputed evidence can lead to a withdrawal of the death sentence or a further enquiry into it. Montgomery was scheduled for execution on December 8, 2020, by lethal injection at the U. S. Penitentiary in Terre Haute, Indiana, but this was delayed following her attorneys' contracting COVID-19. On December 23, 2020, Montgomery was given a new execution date of January 12, 2021. U. S. District Court Judge Randolph Moss found that "the director's order setting a new execution date while the Court's stay was in effect was 'not in accordance with law'", prohibiting the re-scheduling of the execution before January 1, 2021.