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High v. State

Supreme Court of Georgia
Mar 21, 2001
544 S.E.2d 432 (Ga. 2001)

Opinion

Case No. S01M0934

DECIDED: MARCH 21, 2001

Motion for stay of execution. Taliaferro Superior Court, Before Judge Davis.

Mark E. Olive, for appellant.

Dennis C. Sanders, District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, for appellee.


The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:

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. See Spivey v. State, Ga. (Case No. S01A0837, decided 3/6/01).

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

All the Justices concur, except Carley, Thompson, and Hines, JJ., who dissent.

I certify that the above is a true extract from the Minutes of the Supreme Court of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.


I dissent to the grant of the stay of execution in the above-styled case for the reasons set forth in my dissent inSpivey v. State, 273 Ga. 544 ( 544 S.E.2d 136) (2001). Additionally, I point out that the movant's attorneys again refused to follow the established habeas corpus procedure and sought relief in this Court directly from the sentencing court. Thus, as my dissenting colleagues and I earlier emphasized, the majority makes it clear that there will never be a "need for any criminal litigant in this State to pursue established and appropriate post-judgment remedies." (Emphasis in original.) Spivey v. State, supra, Carley, J., dissenting.

I am authorized to state that Justice Thompson and Justice Hines join in this dissent.

ORDERED MARCH 21, 2001.


Summaries of

High v. State

Supreme Court of Georgia
Mar 21, 2001
544 S.E.2d 432 (Ga. 2001)
Case details for

High v. State

Case Details

Full title:JOSE MARTINEZ HIGH v. THE STATE

Court:Supreme Court of Georgia

Date published: Mar 21, 2001

Citations

544 S.E.2d 432 (Ga. 2001)
544 S.E.2d 432