The state of Georgia said during Thursday arguments that a COVID-19 pandemic-related agreement shielding certain people on death row from execution should no longer apply, but death penalty defense attorneys said it’s still valid because some of its conditions have yet to be met.
The agreement said executions wouldn’t be scheduled for a certain group of people on death row until six months after three conditions had been met: the expiration of the state’s COVID-19 judicial emergency, the resumption of normal visitation at state prisons and the availability of a COVID-19 vaccine “to all members of the public.”
Lawyers for the state contend that all of the conditions have been met. While the state’s judicial emergency was lifted in June 2021, defense lawyers for people on death row argue that the COVID-19 vaccine isn’t available to “all members of the public” because infants under 6 months old aren’t eligible, and that visitation at state prisons has not returned to normal.
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