Georgia court rules state must honor pledge to delay executions

This booking photo provided by the Georgia Department of Corrections shows Virgil Presnell. On Tuesday, Dec. 20, 2022, the Georgia Supreme Court ruled that the state had to honor an agreement with defense lawyers to not execute Presnell and some other inmates until six months after certain post-COVID-19 conditions had been met. The ruling is likely to delay attempts to execute those inmates. (Georgia Department of Corrections via AP)

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.

Tuesday’s 6-0 ruling is likely to further delay efforts to put to death the inmates who were covered by the deal, although some other inmates may not be protected. The case must go back to the trial court for a final ruling.

The last person that Georgia executed was Donnie Lance in January 2020. From 2010 to 2019, Georgia executed three people on average each year. In October, Georgia had 38 people on death row, but far fewer had exhausted their appeals, according to a state report.