52-year-old Stacey Humphreys will have a clemency hearing shortly before his scheduled execution, the Georgia Board of Pardons and Paroles announced on September 11, 2026.
Humphreys was convicted of killing two women in Cobb County in 2003. Barring any intervention, he will be the first person executed in Georgia since March 2024 and the 78th person put to death in the state. Currently, thirty-four people (33 other men and one woman) are on death row in Georgia.
In addition to his clemency hearing, Humphreys has asked the United States Supreme Court for a stay of execution. He and his attorneys have argued, in part, that his original death sentence was swung by a rogue juror when the jury was deadlocked 11-1 in favor of life without parole.
“A single juror… concealed her bias and lied about her prior experiences as the victim of a home invasion/sexual assault at the hands of an escaped murderer [and] deliberately deceived the other jurors during the sentencing deliberations,” his Supreme Court application asserts.
That juror allegedly altered the jury’s notes “to conceal the intractable nature of their deadlock” and “refused to deliberate until the others relinquished their votes for life,” thus “single-handedly changing the outcome of Mr. Humphreys’ sentencing proceeding to death.
“The shocking misconduct by a single juror denied the other eleven the right to vote their conscience. And it denied Mr. Humphreys the mercy to which they had decided he was entitled based on the evidence,” his attorneys are arguing to the U.S. Supreme Court. “The only adequate remedy available at any point in the process—the only place that all the equities of the case can be considered—is the clemency proceedings before the Board.”
Another part of his argument to the U.S. Supreme Court is that a five-member state Board of Pardons and Paroles panel must review his clemency application. Only four are available in this case. The fifth is a former career employee in the Cobb County District Attorney’s Office who was recused over a potential conflict of interest.
Humphreys was convicted in the 2003 killings of two real estate agents who were fatally shot in a model home in West Cobb. Several days thereafter, Humphreys was arrested in Wisconsin following a police chase.
“I just thank God that he’s off the streets and that he won’t be able to do this to someone else, to someone else’s daughter,” one relative said after the arrest. “That pain, it will never end. He took something away from me that will never be replaced.”
Can Juror Misconduct Lead to a New Trial in Georgia?
Generally, review boards and appeals courts very rarely second-guess jurors. Usually, a Marietta criminal defense lawyer can only overturn the result if the defendant proves misconduct and also proves that misconduct altered the trial’s outcome, or in the above case, altered the sentencing decision.
Dishonesty during jury selection, to either lawyers or the judge, may be the most common kind of juror misconduct. About 10 percent of jurors admit they lied during voir dire, which probably means the actual number is much higher. Most people try to lie their way off the jury, while others try to lie their way onto the jury. Other kinds of juror misconduct include:
- Refusal to Deliberate: Refusal to deliberate is not the same thing as failure to deliberate. Refusal to deliberate, which is juror misconduct in most cases, generally means the juror had something to say and didn’t say it. Failure typically means the juror was a follower who went along with everyone else.
- Self-Help: Jurors cannot Google witnesses, visit crime scenes, watch documentaries, or otherwise conduct their own investigations. Jurors must make decisions based solely on the evidence and arguments presented in court.
- Pre-Judgement: This form of juror misconduct is almost as common as dishonesty. A significant number of jurors make up their minds following opening statements, even though no evidence has been presented at that time. However, if prejudice alone disqualified jurors, no one would be qualified to serve.
The legal consequences of juror misconduct depend heavily on when the misconduct occurred, what the juror did, whether it affected the verdict, and the jurisdiction where it occurred.
Misconduct can sometimes lead to removal of a juror, a mistrial, a new trial, or other sanctions. However, unless a Marietta criminal defense lawyer proves misconduct and the effect of misconduct, even the worst misbehavior is essentially meaningless.
What Post-Conviction Relief Is Available in Georgia?
Successful appeals or clemency applications based on juror misconduct are few and far between. But in general, post-trial relief is rather common, even if the defendant voluntarily pleaded guilty. This relief includes record restriction, probation modification, and executive pardon.
Record restriction (record sealing) may be available if prosecutors dismissed the charges of the case otherwise ended without a conviction. Record restriction sometimes overlaps with the Georgia First Offender Program. Although defendants in the GFOP plead guilty, no conviction appears in most official records.
Georgia’s probation laws are unusually broad. Probation, especially felony probation, is usually longer and more restrictive in Georgia than it is in other states. At the other end of the scale, judges have almost unlimited discretion to ease these conditions at almost any time. A recent law expanded these powers ever further.
In some cases, these powers include early discharge from probation. Generally, the court has discretion to discharge someone early when the person has demonstrated good behavior and complied with the conditions of probation. Factors to consider may include:
- Completing required classes or treatment,
- Paying fines and restitution,
- Maintaining employment,
- Avoiding new criminal charges, and
- Successfully completing other probation requirements.
The court may also consider the nature of the offense and the individual’s overall compliance.
Many people believe that executive pardon, especially for federal crimes, is a shot in the dark that has almost no chance of success. But such a request is more like a Hail Mary pass or an extremely long field goal attempt. During his four years in office, President Joe Biden granted over 4,000 clemency requests.
We should add that President Biden only granted 80 full pardons, which was the second-lowest total on record. The rest were commutations, such as commuting a death sentence to life in prison or erasing a conviction on a permanent record.
Timing matters. On January 17, 2025 (three days before he left office), Biden granted 2,490 commutations, more in a single day than any prior chief executive had granted over their entire presidency.
Successful appeals are rare, but overall, post-trial relief is rather common. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Convenient payment plans are available.
Frequently Asked Questions About Post-Conviction Relief in Georgia
Can juror misconduct overturn a conviction in Georgia?
Potentially. Juror misconduct may provide grounds for relief when the misconduct affected a defendant’s right to a fair trial or the outcome of the case. Examples may include concealing material information during jury selection, considering outside evidence, conducting independent research, or other improper conduct. Whether misconduct justifies a new trial or other relief depends on the specific facts and applicable law.
What is post-conviction relief in Georgia?
Post-conviction relief refers to legal remedies that may be available after a criminal case has resulted in a conviction or sentence. Depending on the circumstances, these may include appeals, habeas corpus proceedings, probation modification or early termination, pardons, clemency, and certain forms of record restriction. Each remedy has different eligibility requirements, procedures, and deadlines.
What is the difference between an appeal and clemency in Georgia?
An appeal generally asks a court to review alleged legal errors associated with a conviction or sentence. Clemency is different. In Georgia, the State Board of Pardons and Paroles has constitutional authority over clemency, including pardons and commutations. Clemency does not require an appellate court to overturn the original conviction.
Does a Georgia pardon erase a criminal conviction?
No. A Georgia pardon is an official act of forgiveness, but it does not erase or expunge the conviction from a person’s criminal history. Depending on the conviction and other eligibility requirements, a person who receives a pardon may separately qualify to seek record restriction.
Can probation be terminated early in Georgia?
Yes, early termination may be possible in qualifying cases. Courts can consider factors such as how much of the sentence has been completed, compliance with probation conditions, payment of fines and restitution, completion of treatment or community service, and overall rehabilitation. Eligibility depends on the sentence and circumstances of the individual case.
Can a criminal record be restricted after a conviction in Georgia?
Sometimes. Georgia record restriction limits public access to eligible criminal-history information, but it does not destroy the underlying record. Eligibility depends on factors including how the case was resolved and, for certain convictions, whether statutory requirements for restriction have been satisfied. A criminal defense attorney can review the record to determine what options may be available.
Post-conviction issues can arise long after a criminal case ends. Individuals with cases originating in Cobb County, Bartow County, Cherokee County, orPaulding County may have options involving probation modification, record restriction, appeals, or other forms of post-conviction relief depending on the circumstances. A Georgia criminal defense attorney can review the original case and determine which remedies may still be available.
