12/21/2022
The Federal Defender Program, which represents Presnell, alleged the state and Attorney General Chris Carr “breached a contract governing the resumption of the execution of death sentences in Georgia after the COVID-19 pandemic.”
The state argued a trial court should not have denied its motion to dismiss the Federal Defender Program’s motion based on sovereign immunity.Â
An email exchange between the state attorney general’s office and Federal Defender Program lawyers was at the center of the ruling. Ultimately, the Georgia Supreme Court decided the state waived its right to sovereign immunity and found the defense motions valid.Â
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