Lawyers for a man set to be put to death next week in Georgia argue that an agreement entered into by the state and death penalty defense attorneys during the COVID-19 pandemic should shield their client from execution for the time being.

A federal judge is set to hear arguments Tuesday in a lawsuit filed by lawyers for Stacey Humphreys, who is scheduled to die on Dec. 17. Humphreys, 52, was convicted of malice murder in the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown at the real estate office where they worked in a suburb of Atlanta.

After Georgia put executions on hold during the pandemic, the state attorney general’s office entered into an agreement with lawyers for people on death row to set the terms under which they could resume. The state Supreme Court has affirmed that the agreement is a binding contract.

The text of the agreement says it applies only to people on death row whose requests to have their appeals reheard were denied by the 11th U.S. Circuit Court of Appeals while a pandemic-related judicial emergency was in place. The judicial emergency was lifted in June 2021 and the appeals court rejected Humphreys’ request in October 2024. Lawyers for the state argue that Humphreys is, therefore, not covered by the agreement and his execution should be allowed to proceed.

The agreement includes three conditions that must be met before executions could be scheduled for the covered prisoners: the expiration of the state’s COVID-19 judicial emergency, the resumption of normal visitation at state prisons and the availability of a COVID-19 vaccine “to all members of the public.”

Additionally, state lawyers agreed that once those conditions were met, they would provide three months’ notice before pursuing an execution warrant for one of the prisoners covered by the agreement and six months’ notice for the rest.

Although the judicial emergency was lifted more than four years ago, defense attorneys say the other two conditions have not been met because visitation is “severely restricted” compared with its pre-pandemic levels and infants under 6 months old are not eligible for the vaccine.

A judge ruled earlier this year that the vaccine condition hasn’t yet been met, and the state’s appeal of that ruling is pending before the Georgia Supreme Court. The judge plans to handle the visitation issue separately.

Humphreys’ lawyers wrote in a lawsuit filed in October that the agreement’s clear purpose was to allow lawyers for people on death row to adequately prepare for clemency proceedings and for the "frantic time period immediately leading up to execution proceedings."

They argue that seeking to execute people who weren’t included while the agreement remains in effect creates “a distinct, disfavored class” of death row prisoners who won’t be guaranteed he same level of legal representation in violation of their constitutional rights to equal protection and due process.

“What matters is that the harms the Agreement’s conditions were designed to protect against still exist today for all death row prisoners,” Humphreys’ lawyers wrote.

Lawyers for the state dispute that Humphreys’ due process and equal protection rights would be violated, arguing that he has failed to show how his lawyers have been restricted from preparing for his upcoming execution because of COVID-19 or that the state has arbitrarily chosen to exclude him from the agreement.

The state’s lawyers also point out that death row prisoner Willie James Pye made similar arguments before his execution in March 2024 and a federal judge found that “the State clearly has a valid basis for drawing a line between the inmates covered and not covered by the Agreement.” A similar case brought by three other people on Georgia’s death row was rejected by a federal judge and is pending before the 11th Circuit.