HIGH v. THE STATE., 273 Ga. 562, 544 S.E.2.d 432 (2001)

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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.Mark E. Olive, for appellant.

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, 273 Ga. 544 (---- SE2d ----) (2001).

Accordingly, the judgment of the trial court denying the stay is reversed. All the Justices concur, except Carley, Thompson, and Hines, JJ., who dissent.

CARLEY, Justice, dissenting.

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

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