IN THE

SUPREME COURT OF THE UNITED STATES

__________________
No.
__________________
MARCUS A. WELLONS,
Petitioner,
versus,
STATE OF GEORGIA
Respondent.

APPLICATION FOR A STAY OF EXECUTION
PENDING DISPOSITION OF PETITION FOR A WRIT
OF CERTIORARI TO THE ELEVENTH CIRCUIT COURT OF APPEALS


TO: THE HONORABLE CLARENCE THOMAS, ASSOCIATE JUSTICE,
UNITED STATES SUPREME COURT
Petitioner Marcus A. Wellons, a condemned prisoner in the State of
Georgia, requests that this Court stay his execution currently scheduled for 7:00
p.m. on Tuesday, June 17, 2014, until further order of this Court, in order to permit
the consideration and disposition of his petition for writ of certiorari to the Court
of Appeals for the Eleventh Circuit.
JURISDICTION
Mr. Wellons invokes this Court's jurisdiction to stay his execution under 28
U.S.C. section 2101(f), , and Rule 23 of the Rules of the Supreme Court of the
United States.
REASONS FOR GRANTING A STAY
For a Circuit Justice to grant a stay of execution, a petitioner must show: 1)
irreparable injury if no stay is granted; 2) A "reasonable probability that four (4)
members of the Court will consider the issue [presented] sufficiently meritorious
to grant certiorari," Graves v. Burnes, 405 U.S. 1201 (1972) (Powell, Circuit
Justice), or a reasonable probability that a plurality of the Court would grant relief
on an original habeas petition; and, 3) a likelihood of success on the merits. See
Barefoot v Estelle, 463 U.S. 880, 893 (1983); see also Fare v. Michael C., 439
U.S. 1310 (1978) (Rehnquist, Circuit Justice). Petitioner meets these standards.
If no stay is granted, Mr. Wellons will suffer the most irreparable injury
known to the law. He will be executed at 7:00 p.m. tonight, June 17, 2104. Mr.
Wellons asked the Eleventh Circuit Court of Appeals to stay this case based on
credible evidence that the Georgia Department of Corrections instructed
employees not to speak with anyone representing Mr. Wellons and were made to
sign paperwork confirming that they would not speak about inmates with those
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inmates representatives or offer any statements in support of clemency. At least
one officer had overwhelmingly positive things to say about Mr. Wellons and
indicated s/he would consider providing a statement supporting Mr. Wellons. She
then refused, citing concerns for her job. On June 16, 2014, a clemency hearing
was held before the Georgia Board of Pardons and Paroles. Also on June 16,
2014, that Board denied Petitioner clemency.
On June 17, 2014, Petitioner filed a Complaint in the District Court for the
Northern District of Georgia for injunctive relief pursuant to 42 U.S.C. 1983,
detailing these allegations. In a one-page order and without a hearing, the District
Court denied Petitioners motion for stay of execution, stating Petitioner had failed
to show a substantial likelihood of success on his claim. Mr. Wellons asked the
Eleventh Circuit Court of Appeals to stay this case based on the states action in
this matter, which violates Mr. Wellonss First, Eighth, and Fourteenth
Amendment rights and constitutes a deprivation of due process. See Ohio v.
Woodard, 523 U.S. 272, 140 L. Ed. 2d 387, 118 S.Ct. 1244 (1998) (recognizing
due process rights in the clemency context). The facts in Mr. Wellons case
present troubling and substantial constitutional issues. For these reasons, there is
a reasonable likelihood that this Court would grant certiorari and that Petitioner
would prevail before this Court.
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Given these facts and concerns, a Stay of Execution will in no way
prejudice the State.
CONCLUSION
Wherefore, Mr. Wellons respectfully requests an Order staying his
execution pending consideration of his petition for writ of certiorari to the
Eleventh Circuit Court of Appeals.
This 17 day of June, 2014.
th
/s/ Mary Elizabeth Wells
Mary Elizabeth Wells (Ga. Bar No. 747852)
LAW OFFICE OF M.E. WELLS
623 Grant Street SE
Atlanta, Georgia 30312
(404) 408-2180
Jeffrey Lyn Ertel (Ga. Bar No. 249966)
Gerald W. King, Jr. (Ga. Bar No. 140981)
FEDERAL DEFENDER PROGRAM, INC.
101 Marietta Street, Suite 1500
Atlanta, Georgia 30303
404-688-7530
(fax) 404-688-0768
Gerald_King@fd.org
Jeff_Ertel@fd.org
ATTORNEYS FOR MARCUS WELLONS
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IN THE
SUPREME COURT OF THE UNITED STATES
__________________
No.
__________________
MARCUS A. WELLONS,
Petitioner,
versus,
STATE OF GEORGIA
Respondent.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of Marcus Wellonss Motion
for Stay are being furnished by email to counsel for Respondents, Beth Burton, Assistant
Attorney General, 40 Capitol Square, SW, Atlanta, Georgia 30334-1300.
This 17 day of June, 2014.
th
/s/ Mary Elizabeth Wells
Mary Elizabeth Wells
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