O.C.G.A.

O.C.G.A. § 17-10-16.1 (2019)

Seeking death penalty not prerequisite to life without parole sentence

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.

History

Code 1981, § 17-10-16.1, enacted by Ga. L. 2011, p. 752, § 17/HB 142.

Annotations

Editor’s notes. - This Code section is reflective of uncodified provisions from Ga. L. 2009, p. 223, § 10.

JUDICIAL DECISIONS State was permitted to seek a sentence of life without parole since the murder occurred one year after the law

was changed to permit such a sentence. Heywood v. State, 292 Ga. 771, 743 S.E.2d 12 (2013).

Notes of Decisions

Cited in 6 cases, 2013–2017 · leading case: Heywood v. State, 743 S.E.2d 12 (Ga. 2013).

Sort: Relevance Newest Treatment

Heywood v. State, 743 S.E.2d 12 (Ga. 2013). · cites it 4× “Appellant correctly notes that in 2011, the year after he killed the victim, the General Assembly expressly required the codification of § 10 of the 2009 Act in the Official Code of Georgia Annotated as OCGA § 17-10-16.1. See Ga.L. 2011, p.752, § 17 (3) (effective May 13, 2011)…”

Foster v. State, 754 S.E.2d 33 (Ga. 2014). · cites it 4× “After the murder, the Legislature passed OCGA § 17-10-16.1, which provides that “[a] person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.”

Kimbrough v. State, 796 S.E.2d 694 (Ga. 2017). · cites it 2× “” In 2011, the General Assembly expressly required the codification of § 10 of the 2009Act in the Official Code of GeorgiaAnnotated as OCGA § 17-10-16.1. See Ga.L.2011, p. 752, § 17 (3).”

Mathis v. State, 743 S.E.2d 393 (Ga. 2013). · cites it 2× “) Although Mathis notes that it was not until 2011, after his trial, that the General Assembly expressly required the codification of the statement in the 2009 enactment that a sentence of life without the possibility of parole may be imposed when the State does not seek the…”

Anthony Leon Estes v. State (Ga. Ct. App. 2017). · cites it 2× “In 2007, Estes filed a motion to correct a void sentence, arguing that he never received a presentence hearing and that the state failed to file a notice of its intent to seek the death penalty, as required under OCGA § 17-10-16.1 The trial court denied the motion, and Estes…”

Kimbrough v. State (Ga. 2017). · cites it 2× “” In 2011, the General Assembly expressly required the codification of § 10 of the 2009 Act in the Official Code of Georgia Annotated as OCGA § 17-10-16.1. See Ga. L. 2011, p. 752, § 17 (3).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.