Georgia court: State must honor pledge to delay executions

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Georgia court: State must honor pledge to delay executions
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Georgia’s Supreme Court says that a state pledge to not execute some inmates until certain conditions are met following the COVID-19 pandemic is a binding contract that the state can’t ignore.

The new Nathan Deal Judicial Center was deidcated to the former governor that bears it's name Tuesday, Feb. 11, 2020, in Atlanta. –

“We will continue to hold the State to its agreement regarding Covid-restrictions so that the Federal Defender may properly, professionally, and safely represent its clients before the courts and the Georgia Board of Pardons and Paroles,” Ronan Doherty, who represented the Federal Defender Program, said in a statement.

The email agreed that the state would refrain from executing anyone until six months elapsed after three conditions were met: an end to the state of judicial emergency brought on by the pandemic, a return to pre-pandemic visiting rules in state prisons, and availability of COVID-19 vaccines to all members of the general public.

Defense lawyers said that they needed regular visitation and plenty of time to prepare a clemency petitions to the Georgia Board of Pardons and Paroles. Presnell’s lawyers presented no live witnesses and no live expert testimony at the clemency hearing that followed the issuance of the execution warrant, with only two days’ notice given.

Justice Carla Wong McMillian, writing Tuesday for the unanimous court, roundly rejected the state’s argument, finding the email to be a contract, which means that under state law, Georgia had opened itself to a lawsuit.

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