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2018 Georgia Code 17-10-30.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-30.1 Case Law from Google Scholar Amendments to OCGA 17-10-30.1

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-30.1. Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury.

Repealed by Ga. L. 2009, p. 223, § 4/SB 13, effective April 29, 2009.

Editor's notes.

- This Code section was based on Code 1981, § 17-10-30.1, enacted by Ga. L. 1993, p. 1654, § 4.

Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand." This Act became effective April 29, 2009.

Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: "Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act."

Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: "A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state." Ga. L. 2011, p. 752, § 17(3) codified these provisions at Code Section 17-10-16.1.

Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides that the law as set forth in this Code section as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009, and the amendments by this Act shall apply to all crimes committed on and after April 29, 2009.

Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

Cases Citing O.C.G.A. § 17-10-30.1

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Henry v. State, 462 S.E.2d 737 (Ga. 1995).

Cited 89 times | Published | Supreme Court of Georgia | Oct 16, 1995 | 265 Ga. 732

...Ronald Francis Henry was convicted of malice murder, armed robbery, and kidnapping *741 with bodily injury in connection with the shooting death of Iraj Rouhani. The jury found aggravating circumstances existed and recommended a sentence of life imprisonment without parole as punishment for the murder. See OCGA § 17-10-30.1(a)....
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Jackson v. State, 512 S.E.2d 241 (Ga. 1999).

Cited 49 times | Published | Supreme Court of Georgia | Feb 8, 1999 | 270 Ga. 494, 99 Fulton County D. Rep. 556

...It was designed for the benefit, not the detriment of a defendant, Romine v. State, 251 Ga. 208, 305 S.E.2d 93 (1983), and it does not interfere with the attorney-client relationship. 11. Jackson contends the death penalty statutes, OCGA §§ 17-10-16, 17-10-30.1, 17-10-31.1, 17-10-32.1, are unconstitutional because they require the prosecutor to seek the death penalty in order to seek life without parole....
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Jenkins v. State, 491 S.E.2d 54 (Ga. 1997).

Cited 39 times | Published | Supreme Court of Georgia | Oct 6, 1997 | 268 Ga. 468, 97 Fulton County D. Rep. 3709

...the jury to act arbitrarily. However, because under OCGA § 17-10-31.1 a jury cannot impose a sentence of life without parole without including a finding of at least one statutory aggravating circumstance as defined in OCGA § 17-10-30(b), see OCGA § 17-10-30.1(a), we reject appellant's argument for the same reasons OCGA § 17-10-30 has been found to be constitutional....
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State v. Ingram, 467 S.E.2d 523 (Ga. 1996).

Cited 23 times | Published | Supreme Court of Georgia | Mar 4, 1996 | 266 Ga. 324, 96 Fulton County D. Rep. 760

...st degree and possession of an explosive device stemming from the July 1994 fire-bombing deaths of two young children and injury to their mother. Following the joint indictment, the State filed notices of intent pursuant to OCGA § 17-10-16 and OCGA § 17-10-30.1 to seek imprisonment for life without parole [1] but did not give notice of an intent to seek the death penalty....
...ed of an offense committed after May 1, 1993, for which the death penalty may be imposed "may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter. " [5] (Emphasis supplied.) OCGA § 17-10-30.1(a) provides that a sentence of life without parole applies to murder cases in which the court or the jury finds one or more statutory aggravating circumstances....
...requisite to the imposition of a sentence of life without parole. The majority likewise correctly notes that the 1993 enactment also "created four new Code sections within Chapter 10 of Title 17." Those four new Code sections are OCGA §§ 17-10-16, 17-10-30.1, 17-10-31.1 and 17-10-32.1....
..." (Emphasis supplied.) Since Article 2 relates to the "Death Penalty Generally," the majority apparently construes OCGA § 17-10-16(a) as an expression of the legislative intent that a sentence of life without parole can be considered and imposed only when the State is seeking the death penalty. However, OCGA §§ 17-10-30.1, 17-10-31.1 and 17-10-32.1 also appear in Article 2 of Chapter 10 of Title 17. While OCGA §§ 17-10-30, 17-10-31 and 17-10-32 relate exclusively to the imposition of the death penalty, OCGA §§ 17-10-30.1, 17-10-31.1 and 17-10-32.1 relate exclusively to the imposition of the sentence of life without parole....
...Thus, insofar as OCGA § 17-10-16(a) authorizes the sentences of death, life without parole, or life "as provided in Article 2 of this chapter," it is the provisions of OCGA §§ 17-10-30, 17-10-31 and 17-10-32 which relate to the sentence of death and the independent provisions of OCGA §§ 17-10-30.1, 17-10-31.1 and 17-10-32.1 which relate to the sentence of life without parole....
...d in Article 2" of Chapter 10 of Title 17, the sentence of life without parole may be imposed "in any murder case in which there is found by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30." OCGA § 17-10-30.1(a)....
...30(b)." However, the majority cites no authority to support its conclusion that the issue of the existence of the statutory aggravating circumstances enumerated in OCGA § 17-10-30 is limited to a case wherein the death penalty is being sought. OCGA § 17-10-30.1 itself certainly does not support that conclusion. By its terms, OCGA § 17-10-30.1(a) requires only a finding of one or more of the statutory aggravating circumstances "as defined by Code Section 17-10-30." OCGA § 17-10-30.1 does not require that that finding be made in the context of a case wherein the death penalty is being sought....
...in a case in which the State is not seeking the death penalty. All that is required is that the issue of the existence of a statutory aggravating circumstance "as defined in Code Section 17-10-30" be submitted to the fact finder. By construing OCGA § 17-10-30.1 as limiting the State's effort to obtain a sentence of life without parole to a case wherein the State also seeks to obtain the death penalty, the majority erroneously ignores the actual wording of that enactment....
...enalty be a prerequisite to its effort to obtain the sentence of life without parole in all circumstances, it presumably would not have limited that requirement to cases involving guilty pleas. The absence of a comparable limitation in either OCGA §§ 17-10-30.1 or 17-10-31.1 evidences the legislative intent that such a requirement is not applicable in cases which are to be tried before a jury or before the court....
...ile with the clerk of the superior court a written notice of an intention to seek the death penalty. [3] Ga.L.1993, p. 1654, §§ 1 and 2, amending OCGA §§ 17-10-1 and 17-10-2. [4] Ga.L.1993, p. 1643, §§ 3, 4, 5 and 6 created OCGA §§ 17-10-16, 17-10-30.1, 17-10-31.1 and 17-10-32.1....
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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

...situation in each case is governed by specific statutes.” Velazquez, 283 Ga. at 209 n. 3. See also Redden v. State, 294 Ga. App. 879, 881 (2) (670 SE2d 552) (2008) (“Ingram held that under the statutory scheme created by OCGA §§ 17-10-16 (a), 17-10-30.1, 17-10-31.1, and 17-10-32.1, the legislature intended the sentence of life without parole to be considered and imposed only when the state is seeking the death penalty....
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State v. Velazquez, 657 S.E.2d 838 (Ga. 2008).

Cited 12 times | Published | Supreme Court of Georgia | Feb 25, 2008 | 283 Ga. 206, 2008 Fulton County D. Rep. 580

...le sentence. OCGA § 16-5-1(d). Moreover, most of the provisions regarding that sentence contained in OCGA §§ 17-10-30 et seq. are specifically applicable to murder, and even exclude other offenses for which the death penalty is authorized. OCGA §§ 17-10-30.1, 17-10-31.1; State v....
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Moore v. State, 814 S.E.2d 676 (Ga. 2018).

Cited 9 times | Published | Supreme Court of Georgia | May 21, 2018

...this Court affirmed. Moore v. State , 263 Ga. 586, 436 S.E.2d 201 (1993). On June 18, 2002, Moore, assisted by counsel, pled guilty to rape and malice murder, and was sentenced to life imprisonment without the possibility of parole under former OCGA § 17-10-30.1,1 the trial court finding aggravating circumstances to exist surrounding the murder, including rape. On June 22, 2017, Moore, acting pro se, filed a motion for an out-of-time appeal in the Superior Court of McDuffie County, alleging th...
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Moore v. State, 303 Ga. 743 (Ga. 2018).

Cited 8 times | Published | Supreme Court of Georgia | May 21, 2018

...motion, and this Court affirmed. Moore v. State, 263 Ga. 586 (436 SE2d 201) (1993). On June 18, 2002, Moore, assisted by counsel, pled guilty to rape and malice murder, and was sentenced to life imprisonment without the possibility of parole under former OCGA § 17-10-30.1,1 the trial court finding aggravating circumstances to exist surrounding the murder, including rape. On June 22, 2017, Moore, acting pro se, filed a motion for an out-of-time appeal in the Superior Court of McDuffie County, all...
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Dalton v. State, 647 S.E.2d 580 (Ga. 2007).

Cited 1 times | Published | Supreme Court of Georgia | Jul 13, 2007 | 282 Ga. 300, 2007 Fulton County D. Rep. 2286

...on December 29, 2006. A notice of appeal was filed on February 2, 2007, pursuant to the grant of an out-of-time appeal. The case was docketed in this Court on March 15, 2007, and was submitted for a decision on briefs on May 7, 2007. [2] Under OCGA § 17-10-30.1(a), imprisonment for life without parole may not be imposed unless there is found by the court or jury at least one statutory aggravating circumstance as defined by OCGA § 17-10-30....
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Lewis v. State, 279 Ga. 464 (Ga. 2005).

Cited 1 times | Published | Supreme Court of Georgia | Jun 16, 2005 | 614 S.E.2d 779, 2005 Fulton County D. Rep. 1867

...statutory aggravating circumstances. “Imprisonment for life without parole can be imposed in any murder case in which there is found by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30.” OCGA § 17-10-30.1 (a)....