Georgia Execution of Stacey Humphreys Stayed Under Survivor Justice Act

Stacey Humphreys, a Georgia death row inmate convicted of a 2003 double murder, received a temporary stay of execution late Tuesday after a Cobb County judge ruled he is entitled to a hearing under the state’s new Survivor Justice Act, according to court documents cited by CBS News and Atlanta News First. Humphreys, 53, was scheduled to receive a lethal injection at 7 p.m. ET Wednesday at the state prison near Jackson, according to the Georgia Department of Corrections. The Georgia Supreme Court declined to lift the lower court’s stay before the scheduled execution time, leaving the legal pause in place while appellate proceedings continue.

The Legal Basis for the Execution Stay

Cobb County Superior Court Judge Tyler Browning issued the stay of execution late Tuesday following a hearing requested by Humphreys’ legal team, according to CBS News. Defense attorney Brian Kammer argued during the Tuesday proceedings that his client is a survivor of severe family violence and childhood abuse that significantly contributed to his criminal behavior. The Georgia Survivor Justice Act empowers judges to resentence individuals and impose reduced penalties if they can directly tie their crimes to past trauma and abuse they endured, according to CBS News reporting.

The state appealed the stay to the Georgia Supreme Court, asking the high court to rule that Humphreys does not qualify for a sentencing reconsideration under the new statute. However, the state’s high court declined to intervene before the execution window, stating it will address the questions surrounding the new law “in the ordinary course of business and according to a forthcoming scheduling order,” as reported by CBS News. Judge Browning noted in court filings that if an appellate court ruled prior to the execution time that Humphreys was ineligible for a hearing, he would consider lifting the stay.

Prior Convictions and Legal Challenges

Humphreys was convicted of malice murder and sentenced to death in 2007 for the November 3, 2003, killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, according to trial records and Atlanta News First. The victims were working as real estate agents in a model home for a new subdivision in Powder Springs, a suburb of Atlanta. According to court evidence, Humphreys entered the sales office at midday, forced the women to strip naked and surrender their bank PIN numbers, and fatally shot them before fleeing with more than $3,000 withdrawn from their accounts.

Police arrested Humphreys in Wisconsin days after the murders following a high-speed chase. Beyond the newly granted Survivor Justice Act hearing, Humphreys’ defense team has pursued multiple alternative appeals. Attorneys have argued that his death sentence was compromised by a biased juror who allegedly lied during jury selection and pressured other panel members to vote for capital punishment, an issue noted by U.S. Supreme Court Justice Sonia Sotomayor last year. Additionally, Humphreys’ legal team challenged the clemency process after a judge ordered one member of the five-person State Board of Pardons and Paroles to recuse herself due to a past professional conflict of interest involving the Cobb County district attorney’s office. The remaining four members of the parole board ultimately voted to deny clemency on Tuesday morning, just hours before the execution stay was issued.