One of the men facing the death penalty for the murder of Bobby Kicklighter in Tattnall County has a trial scheduled for January 2027, but after his lead counsel discovered a conflict in the case, his new counsel is once again starting at square one.
Nathan Weekes and Christopher Reginald Sumlin, Jr. are both facing the death penalty for the January 2021 murder of Bobby Carlton Kicklighter, Jr. Kicklighter, who had no connections to the prison system, was allegedly murdered in a botched murder-for-hire scheme orchestrated from Smith State Prison.
As death penalty cases often do, the case has lingered in limbo for several years as the state and defense have worked through formal motions, statutorily required death penalty procedures, and changes in legal representation, among other things.
Attorney Issue for Nathan Weekes
At issue in the Nathan Weekes case is the representation of Shayla Galloway from the Public Defender’s Office. Galloway filed a Motion to Withdraw as the legal counsel in the case in June, citing a conflict of interest.
The timing is particularly frustrating for the state given that Galloway is the fifth attorney to step away from Weekes’ case in the last five-and-a-half years. Weekes first retained Atlanta attorney Brian Steel until September 2022 when the state announced its intention to seek the death penalty. Weekes was then represented by Cobb County attorneys Jimmy Berry and Gerald Word, followed by Christian Lamar as lead and Shayla Galloway, both of the Capital Defender’s Office. Lamar retired and at the start of 2026, Galloway moved to lead on Weekes case with Elise Burnum sitting second chair.
In a hearing Monday, Galloway said it was a little more than a month ago that she recognized a conflict existed and would impede her ability to further represent Weekes. She said she contacted the State Bar of Georgia for advice before consulting with the leadership in her agency and notifying the court to inform them she could not be lead or even be involved in the case going forward. Galloway said everyone was notified on June 24, 2026.
Judge Stewart noted that the court was put in a usual position because he has nothing else to base the decision on other than her word.
“Maybe I need to hear from the State Bar.”
Stewart also suggested that her conflict could potentially create an issue with the whole agency [being the Public Defender’s Council], and without knowing the specifics, he’s unable to discern that if an exception would apply.
“I’m left with no facts other than apparently communication you’ve had with the State Bar,” Stewart said before asking if the conflict impacted the whole office.
Galloway said with regard to what could be shared in open court, she was limited to the citation of what was state in the motion.
Special Prosecutor Sheila Ross said the state’s position was clear: a full hearing on the Motion was needed because a full explanation by the defense should be provided.
“I understand there might be some issues that they don’t want the state to hear,” but Ross echoed again the state was willing to depart from the courtroom so an ex-parte hearing could be held. “The State Bar told me to” she said, was insufficient and suggests more so that the State Bar should appear to explain..
“[T]here needs to be an explanation as to why the counsel who has been party to the case for two years should withdraw, especially given that there’s a trial date scheduled.”
Galloway responded that her commentary would not change if the hearing was held outside the presence of the state. “I have been given strict instructions that my responses are within the State Bar 1.16(a)(1).”
She said the rule allows her withdraw and her word, under a subsection of the rule, is sufficient for the court to consider in granting the Motion to Withdraw.
“I’m an officer of this court, this is my 22nd year, I do not take this lightly, I did not file this motion lightly…I consulted with the State Bar of Georgia because I understand how critical this is at this stage of Mr. Weekes’ case,” she told the court.
“I cannot do what I need to represent him fully, completely, and competently.”
Judge Stewart asked Galloway who she spoke with at the State Bar of Georgia. She answered that she would answer that ex parte. At that point, Ross said the state was happy to leave and Judge Stewart cleared the courtroom. As everyone was exiting, Galloway asked that Weekes not be present for the ex parte hearing either. Because the courtroom was cleared, it is unclear if he was permitted to stay.
After an ex parte hearing and the return to open court, Stewart notified the state that he spoke with both Galloway and someone from the State Bar of Georgia. He confirmed the conflict does exist and reported that the conflict is unique to Ms. Galloway and he would grant her motion to withdraw. He also asked Weekes if he had any objections to the withdrawal, to which Weekes responded that he did not.
“I want to be clear that this will not result in a delay in proceedings,” Stewart said.
New Attorney for Weekes
Attorney Allan Sincox then formally notified the court that he was filing an Entry of Appearance and that he was qualified to serve as the lead counsel. Elise Burnum remains second chair.
Judge Stewart then reminded legal counsel of the protective order in place barring the sharing of any discovery documents inside a Georgia Department of Corrections facilities.
Sincox reported that he had seen the protective order, prompting Judge Stewart to ask if he was aware of any discovery in existence of which he did not have a copy. He said he was unsure, indicating he had only met Weekes one time and that two terabytes of documents exist. He said he had not yet reviewed media files.
According to his LinkedIn, Sincox is the Supervising Attorney for the Georgia Capital Defender Council.
No other action was taken on the Weekes case Monday. Sumlin is expected in court later Monday afternoon.
