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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

17-10-69. Prior adjudication as presumption of mental competency.

Active

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

  1. 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 new hearing on the question of mental competency to be executed absent the applicant’s making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant’s mental competency to be executed at the time of filing of any subsequent applications.

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, § 17-10-69, 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, page 1275; merge action: carried; file SHA-256 0b0d45f9c609.