State of Georgiav.Federal Defender Program, Inc.
After Georgia set an execution date for Virgil Presnell, Jr., the Federal Defender Program and Presnell sued the State, alleging breach of an April 2021 agreement about resuming executions after COVID-19 restrictions. In an email exchange, the Attorney General’s office agreed not to pursue warrants for covered prisoners until the statewide judicial emergency ended, normal legal visitation resumed, and COVID-19 vaccination was available to the public, with at least six months’ notice after those conditions were met. The State sought dismissal on sovereign-immunity grounds and appealed an injunction that halted Presnell’s execution and barred the Attorney General’s office from advancing covered executions. The Supreme Court of Georgia held that the email exchange, including electronic assent by authorized officials, was a written contract sufficient to waive sovereign immunity for the breach action. It also found no abuse of discretion in the injunction: evidence supported a substantial threat that COVID-related visitation limits and inadequate notice would impair clemency preparation, and the State had not complied with the agreement’s conditions and notice terms. The Court affirmed the injunction.
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