SPIVEY v. STATE

No. S01A0837.

544 S.E.2d 136 (2001)

273 Ga. 544

SPIVEY v. The STATE.

Supreme Court of Georgia.

March 6, 2001.


Attorney(s) appearing for the Case

Thomas H. Dunn, Brian S. Kammer, Atlanta, for appellant.

J. Gray Conger, Dist. Atty., Thurbert E. Baker, Atty. Gen., Susan V. Boleyn, Paula K. Smith, Senior Asst. Attys. Gen., for appellee.

Robert L. Tsai, Gerald R. Webber, Jr., Atlanta, amici curiae.


Order of court

Having considered the petitioner's Motion for Stay of Execution filed in this Court, this Court grants the motion until it addresses whether death by electrocution violates the Eighth Amendment prohibition against cruel and unusual punishment or until further order of this Court.

Accordingly, the judgment of the trial court denying the stay is reversed.

All the Justices concur, except CARLEY, THOMPSON, and HINES, JJ., who dissent....

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