In a follow-up to a post we made last week, the state’s highest appeals court temporarily halted the execution of a Cobb County death row inmate.
In September 2026, the Georgia Supreme Court ruled that the man, Stacey Humphreys, is entitled to a hearing under the Georgia Survivor Justice Act, which Gov. Brian Kemp signed into law last year. The state law is intended to allow abuse victims to petition for reduced sentences if their abuse led them to commit a crime.
Medical evidence submitted during Humphrey’s 2007 trial showed he had experienced long-term abuse as a child, and experts testified that that abuse led to mental health problems and criminal behavior.
“Given the important and novel questions regarding the newly enacted SJA raised by this litigation, this appeal will be considered in the ordinary course of business and according to a forthcoming scheduling order,” the justices wrote in an order. “We leave undisturbed the stay order issued by the Cobb County Superior Court.”
Humphreys, now 53, was convicted of the 2003 kidnapping, robbery, assault and murder of Cyndi Williams and Lori Brown, real estate agents working in a model home in a new subdivision in Cobb County. Humphreys held the women at gunpoint and forced them to strip and tell him their PINs before killing them and stealing money from their bank accounts, prosecutors said. He did not deny committing the crimes.
Anti-death penalty advocates applauded the decision. “I think that it’s the right decision to make, to take the time to determine such a new law and to understand if it applies and how it applies so that it can benefit victims of childhood violence or household violence as Stacey experienced,” said Vanessa Griddine-Jones, executive director of Georgians for Alternatives to the Death Penalty.
But prosecutor Sabrina Graham with the Georgia Attorney General’s office argued in court Tuesday that if Humphreys received a hearing under the act, countless other death row inmates will seek the same.
“I’ve been working capital cases for over two decades, and in every single death penalty case I’ve had, the exact same evidence: family abuse, mental health disorders contributed to the crime,” she said. “Every single one of them. That means that every single one of those inmates that are sitting on death row can now use the Survivor Justice Act to come along and ask for their sentence to be modified. And that creates a whole new avenue of litigation that there is nothing in the intent of the SJA.”
How Does the Georgia Survivor Justice Act Work?
Most likely, Georgia lawmakers meant the Survivor Justice Act to be an escape hatch for sexual assault victims who are accused of crimes. But under the SJA’s broad definition, almost any sexual assault survivor can be a “victim.” Other new laws to consider include:
- Fourth Misdemeanor Enhancement: If a defendant has three misdemeanor arrests in the last ten years, a fourth arrest is a felony case, regardless of the other circumstances.
- Protest and Public Disruption Penalties: Blocking a highway or street is an aggravated misdemeanor, while obstructing a sidewalk is a standard misdemeanor. This law gives peace officers another tool to quell (or regulate, depending on your perspective) street protests.
- Pimping and Pandering: SB 547 does more than stiffen penalties, officially making the act of pimping a felony in the state. This bill shifts the blame for prostitution away from the woman and onto the man who controls the woman.
- Clergy Sexual Misconduct: Yet another sexual offender law establishes criminal penalties for clergy members who engage in sexual conduct with individuals under their spiritual authority or pastoral counseling.
On the plus side for a Marietta criminal defense lawyer, Georgia lawmakers also expanded the First Offender Act effective July 1, 2026. Now, eligible defendants must only file petitions to seal criminal records. They no longer need to show cause.
The new sex offender laws are closely related to another defense available to a Marietta criminal defense lawyer, if the defendant is under 32. That’s the age that, according to researchers, the brain fully develops.
An underdeveloped brain could be a defense, or more likely a mitigating circumstance, because the risk-reward portion of the brain is usually the last to develop.
Little children don’t brush their teeth because they cannot biologically appreciate the risk-reward involved. They simply don’t understand that dirty teeth cause a litany of health problems. These defendants often commit shoplifting and other crimes for basically the same reason. They see the reward (e.g. a new iPhone) but not the risk (a jail sentence).
As a footnote, until recently, researchers believed that the brain fully developed by about 25. So, this defense/mitigating circumstance is now available to many more defendants.
How Do Death Penalty Trials Work in Georgia?
In Georgia, a death penalty trial is essentially two trials in one. The structure is significant because jurors must consider guilt/innocence and punishment separately.
Guilt-Innocence Phase
Most capital cases, like most criminal cases, have procedural, substantive, and/or affirmative defenses.
Illegal searches and seizures may be one of the most common procedural defenses in criminal cases. Unless police officers have a valid warrant, or a narrow search warrant exception applies, any physical evidence they seize is inadmissible in court.
The burden of proof is so high in criminal court that, unless they have an overwhelming amount of physical evidence, most cases aren’t winnable for prosecutors.
The aforementioned brain underdevelopment issue is a substantive defense in most criminal cases. The defendant is biologically incapable of forming the required mens rea, or criminal intent.
“Accidental” crimes are not crimes. The defendant’s conduct must be intentional, which in criminal court is one step short of malicious or evil.
Mental disease or defect, a related idea, is an affirmative defense in criminal court. In addition to the insanity defense, other options include coercion, entrapment, and self-defense.
Sentencing Phase
The punishment phase always occurs after the guilt/innocence phase. However, in some cases, the guilt/innocence phase is a plea of guilty or no contest. A Marietta criminal defense lawyer often uses a slow plea (the defendant pleads guilty and the jury assesses punishment) if the victim was unsympathetic.
For example, if Mike gets in a fight with a neighborhood drug dealer and seriously injured him, Mike may plead guilty to aggravated assault and ask the jury, which is probably on Mike’s side, to assess punishment.
The bifurcated nature of a capital murder trial often gives a Marietta criminal defense lawyer a second bite at the apple. Once again, the aforementioned underdeveloped brain defense is a good example.
In a non-capital trial, if the jury rejected this defense as a defense to intent, the same jury will most likely reject it again as a punishment mitigating circumstance. However, in a bifurcated trial, the jury must act like a new jury considering new facts during punishment. The difference could allow jurors to reduce punishment due to the defendant’s age.
Capital cases are very different from other criminal cases. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
Frequently Asked Questions About the Georgia Survivor Justice Act
What Is the Georgia Survivor Justice Act?
The Georgia Survivor Justice Act is a state law that changed several aspects of Georgia criminal law involving defendants who have experienced family violence, dating violence, or child abuse. Among other provisions, the law allows certain defendants to present evidence of abuse in support of a justification defense and creates sentencing and resentencing provisions for qualifying individuals.
Who May Qualify Under the Georgia Survivor Justice Act?
Eligibility depends on the specific circumstances of the criminal case and the relationship between the abuse and the alleged criminal conduct. The law addresses evidence of family violence, dating violence, and child abuse and establishes specific requirements that must be satisfied before its protections or sentencing provisions apply. Simply having experienced abuse does not automatically qualify a defendant for relief.
Can the Survivor Justice Act Reduce a Prison Sentence?
Potentially. The law includes sentencing provisions for qualifying defendants when past violence or abuse played a significant role in the criminal conduct. For certain offenses punishable by death or life imprisonment, the statute provides an alternative sentencing range of 10 to 30 years when its requirements are satisfied. Different sentencing provisions apply to other qualifying felonies.
Can Someone Who Has Already Been Convicted Use the Survivor Justice Act?
In certain circumstances, yes. The Act provides a potential path for some incarcerated individuals to seek resentencing based on qualifying abuse and its connection to their criminal conduct. Whether a particular person is eligible depends on the conviction, underlying facts, evidence of abuse, and the statutory requirements.
Does Being an Abuse Survivor Automatically Qualify Someone for Resentencing?
No. Evidence that a person experienced abuse does not automatically result in a reduced sentence. A defendant or incarcerated person seeking relief must satisfy the requirements established by Georgia law and demonstrate the required connection between the abuse and the criminal conduct.
Does the Georgia Survivor Justice Act Apply to Death Penalty Cases?
The application of the new law to capital cases has become an important legal issue. In September 2026, a Georgia court halted the scheduled execution of Cobb County inmate Stacey Humphreys so his claim under the Survivor Justice Act could receive a hearing. The state has disputed the law’s application in his circumstances, making the case important to the developing interpretation of the statute.
Criminal Sentencing and Post-Conviction Relief in Metro Atlanta
Changes to Georgia criminal law can affect defendants at different stages of a case, including sentencing and, in certain circumstances, post-conviction proceedings. If your case originated in Cobb County, Bartow County, Cherokee County, or Paulding County, an attorney can review the circumstances of your conviction or pending charges and determine whether changes in Georgia law may affect your available options.
