ALBANY, Ga. (WALB) — A sentencing date for a Dougherty County mother convicted of killing her children’s father is on hold. Dougherty County Judge Denise Marshall issued an order staying the sentencing ruling Tuesday.

Jenna Colley was convicted of a slew of charges, including murder, in February of this year in connection to the death of Ken Covin, who she shares two children with.

In April, Colley’s attorney requested that she be sentenced according to a new law, House Bill 582, also known as the Georgia Survivor Justice Act. It allows reduced sentences for those who can prove their past child or domestic abuse contributed to their crimes.

The order says that the court has been advised that a related case out of Cobb County, Stacey Humphreys v. the State of Georgia, is currently on appeal before the Georgia Supreme Court. Defense attorneys in that case are requesting a reduced sentence under the Georgia Survivor Justice Act, the same law Colley’s attorney is petitioning.

Humphrey’s attorneys are arguing that he suffered child abuse. Colley’s attorney says the state has characterized the fight that led up to the death of Covin, and the relationship between the two, as one involving domestic violence.

According to the order, the decision in the Humphrey’s case may, “…provide controlling or persuasive authority… that could determine or materially affect the outcome of the sentencing ruling.”

It also says that, “…the court finds that a temporary stay of the sentencing ruling is appropriate to avoid potentially unnecessary or inconsistent rulings or proceedings, to promote uniformity in the application of the law.”

“Judge Marshall is doing the appropriate thing by being wise and careful. She wants to see what the Georgia Supreme Court says about the law, not about the facts, but about the law so that she can apply it appropriately.”

The order says the state and defense will have the opportunity to supplement or modify its original filings to be consistent with the Georgia Supreme Court’s holding, within 10 days after it resolves the Cobb County case. Then a new sentencing date will be set for Colley.

WALB will continue to keep you updated as the process unfolds.

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