(The Center Square) – The Supreme Court of Georgia will hear a case involving a death row inmate who avoided execution on Wednesday based on a new law passed by the General Assembly in 2025.
The Survivor Justice Act, signed by Gov. Brian Kemp in May 2025, allows the courts to consider evidence that a defendant was abused and that abuse could have contributed to the crime.
A Cobb County judge issued a ruling on Tuesday halting Stacey Ian Humphreys’ execution amid questions about whether the law would apply in his case. Humphreys was convicted in 2007 on charges of malice murder, felony murder, aggravated assault, armed robbery and kidnapping with bodily injury in connection with the deaths of two Cobb County real estate agents in 2003.
The state attorney general’s office appealed Cobb County’s decision. The state Supreme Court, in an order issued late Wednesday afternoon, did not overturn the stay.
“Given the important and novel questions regarding the newly enacted SJA raised by this litigation, this appeal will be considered in the ordinary course of business and according to a forthcoming scheduling order,” the court said in the order signed by all the justices except for Justice Andrew Pinson, who did not participate.
SJA is the acronym for Survivor Justice Act.
The attorney general’s office told The Center Square it will continue to appeal.
The Georgia Board of Pardon and Parole rejected a clemency request from Humphreys on Tuesday. The board is the only constitutional authority in Georgia that can grant clemency in death penalty cases.