Title 17

An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution. History. — Code 1981, § 17-10-67, enacted by Ga. L. 1988, p. 1003, § 2.

(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37. (c) If a sworn affidavit is to be introduced into evidence by either party, t…

If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a…

(a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant, no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the…

If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of m…

Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal. Oral victim impact statement; presentation of evidence; cross-examination and rebuttal by defendant; effect of noncomp…

No execution upon determination of mental incompetency to be executed. Exclusive procedure for challenging mental competency to be executed. Filing of application; contents. Service of application. Answer by respondent. Examination of applicant. When application to be filed. Proof…