2010 Georgia Code 17-10-71 Case Law
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One Click Case Law for § 17-10-71
O.C.G.A. § 17-10-70 <-- --> O.C.G.A. §17-10-8-1



2010 Georgia Code

TITLE 17 - CRIMINAL PROCEDURE

CHAPTER 10 - SENTENCE AND PUNISHMENT
ARTICLE 3 - MENTALLY INCOMPETENT TO BE EXECUTED
§ 17-10-71 - Procedure upon convicted person's regaining mental competency

O.C.G.A. 17-10-71 (2010)
17-10-71. Procedure upon convicted person's regaining mental competency


If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 17-10-40. The judge of the court which made the determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com