Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-16-1 Definitions
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As used in this chapter, the term: (1) ‘‘Possession, custody, or control of the state or prosecution’’ means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prose…
O.C.G.A. § 17-16-10 Misdemeanors
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List of witnesses, §17-16-21. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5. Harassment. Temporar…
O.C.G.A. § 17-16-2 Applicability of article
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(a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to h…
O.C.G.A. § 17-16-20 Applicability of article
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17-16-21. Right of the defendant to copy of indictment or accusation and list of witnesses. 17-16-22. Right of defendant to copy of statement given while in police custody; failure of prosecution to comply; evidence discovered after filing of request. 17-16-23. Right of defendant …
O.C.G.A. § 17-16-23 Right of defendant to copies of written scientific reports; failure to comply
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(a) As used in this Code section, the term ‘‘written scientific reports’’ includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol…
O.C.G.A. § 17-16-4 PHYSICIANS AND SURGEONS
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Death penalty. Compelling to participate in execution, prohibition, §17-10-38. Number required to be present at executions, §17-10-41. PHYSICIANS AND SURGEONS —Cont’d Death penalty —Cont’d Participation in executions by medical professionals. Licensure challenge, suspension or re…
O.C.G.A. § 17-16-5 Alibi witnesses
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(a) Upon written demand by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting at…
O.C.G.A. § 17-16-6 Spencer v
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State, 296 Ga. App. 828, 676 S.E.2d 274 (2009). Defendant failed to show prejudice as a result of the trial court’s failure to exclude testimony of the surviving victim based on an alleged discovery violation because, inter alia, the defendant did not seek a recess or continuance…
O.C.G.A. § 17-16-7 Hinds v
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State, 296 Ga. App. 80, 673 S.E.2d 598 (2009). Report disclosed immediately upon receipt by state. — Defendant was not entitled to relief based on an alleged violation of O.C.G.A. § 17-16-4 and failure to remedy the violation under O.C.G.A. § 17-16-6 because the state turned over…
O.C.G.A. § 17-16-8 Lists of names and information concerning witnesses
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(a) The prosecuting attorney, not later than ten days before trial, and the defendant’s attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as…
O.C.G.A. § 17-16-9 Criminal history
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Prosecution’s duty to furnish defendant, §17-16-4. Defendant as a witness, §17-16-1. Evidence in aggravation of punishment. Notice to defendant, §17-16-4. Failure to comply with requirements, §17-16-6. Forensic sciences division or other laboratories. Testing or analyzing evidenc…