Spivey v. State, 273 Ga. 544

Summary

The Supreme Court of Georgia granted Ronald Keith Spivey's motion to stay his execution pending resolution of whether execution by electrocution violates the Eighth Amendment or the Georgia Constitution. Justice Sears concurred, emphasizing evolving standards of decency and the State's statutory transition to lethal injection. Justice Carley, joined by Justices Thompson and Hines, dissented, arguing that Spivey should pursue successive habeas corpus proceedings and that the stay improperly delayed established capital-case procedures.

Holdings

1. The court granted Spivey's motion for a stay of execution until it addresses whether death by electrocution violates the Eighth Amendment prohibition against cruel and unusual punishment or until further order of the court.
2. The judgment of the trial court denying the stay was reversed.

Questions Presented

1. Whether Spivey's execution by electrocution should be stayed while the Supreme Court of Georgia considers whether electrocution violates the Eighth Amendment prohibition against cruel and unusual punishment or the Georgia Constitution.
2. Whether the trial court's denial of Spivey's motion for a stay of execution should be reversed.

Disposition

reversed