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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 10. SENTENCE AND PUNISHMENT · Article 3. MENTALLY INCOMPETENT TO BE EXECUTED

17-10-63. Filing of application; contents.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (b)

    An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 17-10-63, enacted by Ga. L. 1988, p. 1003, § 2.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 1272 to 1273; merge action: carried; file SHA-256 0b0d45f9c609.