by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.(b) An application brought under this article...
by admin | May 11, 2021 | Criminal Procedure, Georgia
Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.OCGA § 17-10-62
by admin | May 11, 2021 | Criminal Procedure, Georgia
A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60.OCGA § 17-10-61
by admin | May 11, 2021 | Criminal Procedure, Georgia
As used in this article, the term “mentally incompetent to be executed” means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.OCGA § 17-10-60
by admin | May 11, 2021 | Criminal Procedure, Georgia
The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death.OCGA § 17-10-44
by admin | May 11, 2021 | Criminal Procedure, Georgia
The body of an executed person shall be delivered to the relatives of the person if they so desire; and, in case no claim is made by relatives for the body, it shall be disposed of in the same manner as bodies of inmates dying in a state correctional institution. If...
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