by admin | May 11, 2021 | Criminal Procedure, Georgia
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...
by admin | May 11, 2021 | Criminal Procedure, Georgia
(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...
by admin | May 11, 2021 | Criminal Procedure, Georgia
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.OCGA ยง 17-10-67
by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed.(b) Simultaneously with the filing of the application, the applicant, if he or she...
by admin | May 11, 2021 | Criminal Procedure, Georgia
As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case...
by admin | May 11, 2021 | Criminal Procedure, Georgia
Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the...
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