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Georgia Supreme Court removes obstacle for death row executions delayed by COVID pandemic
On Tuesday, the Georgia Supreme Court ruled that a pandemic-era vaccine condition for death row inmates has been satisfied, clearing a major legal hurdle for potential executions.
Following 2021 negotiations, the state and death row inmates established an Agreement delaying executions until six months after three pandemic conditions were met, including the availability of a COVID-19 vaccine 'to all members of the public.'
Defense attorneys argued the condition remained unmet because vaccines were not approved for infants under 6 months old; the Supreme Court rejected this, ruling the Agreement does not require FDA approval for every age group.
The ruling removes the primary legal obstacle for the execution of Virgil Delano Presnell, though the case now returns to Fulton County Superior Court for further proceedings regarding remaining conditions.
Questions regarding prison visitation remain unresolved, as the court noted this issue has not yet been fully litigated, leaving a secondary condition as a potential barrier to restarting executions.