Georgia Judge Stays Execution to Allow Hearing Under New Survivor Justice Act

A Georgia judge has stayed the execution of Stacey Humphreys to allow a hearing under the recently enacted Georgia Survivor Justice Act, which permits resentencing when a defendant's criminal conduct can be linked to past domestic or child abuse.

Humphreys, 53, was convicted of malice murder in the 2003 killings of two real estate agents, 33-year-old Cyndi Williams and 21-year-old Lori Brown, in a suburb of Atlanta. He had been scheduled to receive a lethal injection at the state prison near Jackson at 7 p.m. on Wednesday, but Cobb County Superior Court Judge Tyler Browning issued a stay late Tuesday to permit the hearing created by the new law.

What the Law Allows

Signed this year by Gov. Brian Kemp, the Survivor Justice Act is intended to help people who were victims of severe childhood or domestic abuse. The statute directs judges to grant a hearing unless there are deficiencies in the petition's factual allegations or other trustworthiness concerns. If the court finds that the person was subjected to domestic or child abuse and those acts "were a significant contributing factor to the offense," the law requires resentencing. For convictions punishable by death or life imprisonment, resentencing under the statute would result in a term of imprisonment of not less than ten years nor more than 30 years.

This undated photo released by the Georgia Department of Corrections on Thursday, Aug. 27, 2026, shows Stacey Humphreys. (Georgia Department of Corrections via AP)(Georgia Department of Corrections via AP)

Arguments Presented in Court

At the hearing, Humphreys' attorney, Brian Kammer, described extensive childhood abuse, saying Humphreys was beaten and whipped for years, burned with cigarettes, suffered an untreated skull fracture at age three, and was routinely exposed to adult substance misuse and domestic violence. Kammer said experts testified that these traumas "did severe damage to his mental health" and "contributed significantly to his criminal behavior." He argued the new law was designed to address cases like Humphreys'.

Judge Browning noted that although the statute "may make more logical sense as a legal vehicle exclusive to abuse victims who commit crimes against their abusers," the law's text does not expressly limit its application to those circumstances.

Representing the state, Sabrina Graham of the attorney general's office argued the law was not intended to apply to death row inmates and that allowing its use here would effectively permit a broad reopening of old cases. She said the defense is, in effect, asking the court to commute two death sentences to a 10- to 30-year term, a result she contends the statute does not authorize.

Next Steps

The state told the court it intended to seek review by the Georgia Supreme Court if a stay were granted, aiming to keep the execution on its original schedule. Judge Browning wrote that if an appellate court determines before the scheduled execution time that Humphreys is not entitled to a hearing, he would consider lifting the stay so the execution could proceed. Otherwise, the stay remains in place to allow the fact-based hearing contemplated by the statute.

This case highlights a new legal question in Georgia: whether the Survivor Justice Act's resentencing provisions extend to defendants convicted of particularly serious crimes, including those previously sentenced to death. The outcome may hinge on how appellate courts interpret the statute's language and legislative intent.