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2018 Georgia Code 17-10-16.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-16.1 Case Law from Google Scholar Amendments to OCGA 17-10-16.1

TITLE 17 CRIMINAL PROCEDURE

Section 10. Sentence and Punishment, 17-10-1 through 17-10-71.

ARTICLE 1 PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

17-10-16.1. Seeking death penalty not prerequisite to life without parole sentence.

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

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

Effective date.

- This Code section became effective May 13, 2011.

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).

Cases Citing O.C.G.A. § 17-10-16.1

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Heywood v. State, 292 Ga. 771 (Ga. 2013).

Cited 49 times | Published | Supreme Court of Georgia | Mar 28, 2013 | 743 S.E.2d 12, 2013 Fulton County D. Rep. 1344

...sibility of parole in all murder cases. 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....
...2011, p.752, § 17 (3) (effective May 13, 2011) (“Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended in: . . . Article 1 of Chapter 10, relating to procedure for sentencing and imposition of punishment, by codifying the text of Section 10 of [the 2009 Act] as Code Section 17-10-16.1.”)....
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Foster v. State, 294 Ga. 383 (Ga. 2014).

Cited 36 times | Published | Supreme Court of Georgia | Jan 21, 2014 | 754 S.E.2d 33, 2014 Fulton County D. Rep. 118

...y manslaughter was unwarranted and properly denied. See Campbell v. State, 292 Ga. 766, 767 (2) (740 SE2d 115) (2013). 10. Foster contends that the trial court erred by sentencing him to life without parole pursuant to OCGA §§ 16-5-1 and 17-10-16.1, maintaining that the latter statute was applied to him in an ex post facto manner....
...With an effective date of April 29, 2009, OCGA § 16-5-1 was amended to make life without parole an available sentence in all murder cases. As such, life without parole was an available sentencing option for Foster, who murdered Williams on September 22, 2010. 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 7 state.” This codified a provision that had been adopted by the Legislature in 2009, but not codified. Ga. Laws 2009, p. 223, § 10. Contrary to Foster’s characterization, OCGA § 17-10-16.1 did not originate the option of a sentence of life without parole in a murder case, such that its application to Foster was ex post facto....
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Kimbrough v. State, 300 Ga. 516 (Ga. 2017).

Cited 19 times | Published | Supreme Court of Georgia | Feb 6, 2017 | 796 S.E.2d 694

...The 2009 Act explicitly said in § 10 that “[a] person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.” 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....
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Mathis v. State, 293 Ga. 35 (Ga. 2013).

Cited 4 times | Published | Supreme Court of Georgia | May 20, 2013 | 743 S.E.2d 393, 2013 Fulton County D. Rep. 2211

..., 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 death penalty, see OCGA § 17-10-16.1; Ga....