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Call Now: 904-383-7448Repealed by Ga. L. 2009, p. 223, § 6/SB 13, effective April 29, 2009.
- This Code section was based on Code 1981, § 17-10-31.1, enacted by Ga. L. 1993, p. 1654, § 5.
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, in part, that the law as set forth in Section 4 of this Act as it existed prior to April 29, 2009, shall apply to all offenses committed on and before 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."
- Validity, construction, and application of pattern and nonpattern jury instructions in state death penalty proceedings, 83 A.L.R.6th 255.
Total Results: 20
Court: Supreme Court of Georgia | Date Filed: 2019-04-29
Citation: 827 S.E.2d 669, 305 Ga. 712
Snippet: punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements
Court: Supreme Court of Georgia | Date Filed: 2017-08-14
Citation: 301 Ga. 759, 804 S.E.2d 82, 2017 Ga. LEXIS 612, 2017 WL 3468536
Snippet: punishments for murder. The bill also repealed OCGA§§ 17-10-31.1 and 17-10-32.1, thereby removing requirements
Court: Supreme Court of Georgia | Date Filed: 2017-02-06
Citation: 300 Ga. 516, 796 S.E.2d 694, 2017 WL 473936, 2017 Ga. LEXIS 48
Snippet: death penalty is sought (see [former] OCGA § 17-10-31.1), neither of those circumstances is present in
Court: Supreme Court of Georgia | Date Filed: 2015-02-16
Snippet: 8 The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements
Court: Supreme Court of Georgia | Date Filed: 2015-02-16
Citation: 296 Ga. 549, 769 S.E.2d 381, 2015 Ga. LEXIS 126
Snippet: to adults. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements
Court: Supreme Court of Georgia | Date Filed: 2013-10-07
Citation: 293 Ga. 705, 749 S.E.2d 660, 2013 Fulton County D. Rep. 3095, 2013 WL 5508540, 2013 Ga. LEXIS 783
Snippet: punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1. See Ga. L. 2009, p. 223, § 5
Court: Supreme Court of Georgia | Date Filed: 2013-03-28
Citation: 292 Ga. 771, 743 S.E.2d 12, 2013 Fulton County D. Rep. 1344, 2013 WL 1442294, 2013 Ga. LEXIS 292
Snippet: §§ 6 and 7 of the 2009 Act repealed OCGA §§ 17-10-31.1 and 17-10-32.1, which required the finding of
Court: Supreme Court of Georgia | Date Filed: 2012-04-24
Citation: 727 S.E.2d 95, 291 Ga. 19, 2012 Fulton County D. Rep. 1540, 2012 WL 1392601, 2012 Ga. LEXIS 368
Snippet: punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements
Court: Supreme Court of Georgia | Date Filed: 2010-03-15
Citation: 694 S.E.2d 316, 287 Ga. 63, 2010 Fulton County D. Rep. 732, 2010 Ga. LEXIS 227
Snippet: without the possibility of parole. See OCGA § 17-10-31.1 (c) (requiring the trial court to impose either
Court: Supreme Court of Georgia | Date Filed: 2010-03-01
Citation: 691 S.E.2d 854, 286 Ga. 839, 2010 Fulton County D. Rep. 551, 2010 Ga. LEXIS 186
Snippet: that were originally authorized under OCGA § 17-10-31.1(d)(1) when life without parole first became an
Court: Supreme Court of Georgia | Date Filed: 2008-10-27
Citation: 668 S.E.2d 718, 284 Ga. 531, 2008 Fulton County D. Rep. 3353, 2008 Ga. LEXIS 839
Snippet: when the death penalty is sought (see OCGA § 17-10-31.1), neither of those circumstances is present in
Court: Supreme Court of Georgia | Date Filed: 2008-02-25
Citation: 657 S.E.2d 838, 283 Ga. 206, 2008 Fulton County D. Rep. 580, 2008 Ga. LEXIS 188, 2008 WL 480078
Snippet: death penalty is authorized. OCGA §§ 17-10-30.1, 17-10-31.1; State v. Ingram, 266 Ga. 324, 326, fn. 7 (467
Court: Supreme Court of Georgia | Date Filed: 2007-10-29
Citation: 653 S.E.2d 456, 282 Ga. 784, 2007 Fulton County D. Rep. 3306, 2007 Ga. LEXIS 795
Snippet: statutory aggravating circumstance. OCGA §§ 17-10-31, 17-10-31.1. The statutory aggravating circumstances are
Court: Supreme Court of Georgia | Date Filed: 2006-09-18
Citation: 635 S.E.2d 125, 281 Ga. 67, 2006 Fulton County D. Rep. 2900, 2006 Ga. LEXIS 569
Snippet: alternative to the death penalty pursuant to OCGA § 17-10-31.1, which permits imposition of such a sentence
Court: Supreme Court of Georgia | Date Filed: 2006-06-12
Citation: 631 S.E.2d 344, 280 Ga. 780, 2006 Fulton County D. Rep. 1859, 2006 Ga. LEXIS 395
Snippet: In his brief, Sanders continually cites OCGA § 17-10-31.1; however, the language upon which he relies appears
Court: Supreme Court of Georgia | Date Filed: 2005-11-07
Citation: 621 S.E.2d 742, 280 Ga. 100, 2005 Fulton County D. Rep. 3358, 2005 Ga. LEXIS 770
Snippet: parole as those meanings are set out in OCGA § 17-10-31.1(d). See McClain, 267 Ga. at 386(5), 477 S.E.2d
Court: Supreme Court of Georgia | Date Filed: 2004-09-13
Citation: 602 S.E.2d 627, 278 Ga. 358, 2004 Fulton County D. Rep. 2978, 2004 Ga. LEXIS 623
Snippet: circumstance beyond a reasonable doubt. See OCGA § 17-10-31.1(a); Philpot v. State, 268 Ga. 168(1), 486 S.E
Court: Supreme Court of Georgia | Date Filed: 2004-06-28
Citation: 278 Ga. 150, 598 S.E.2d 488
Snippet: of such sentences in the case at hand. OCGA § 17-10-31.1 (d). See also Zellmer, supra, 272 Ga. at 735-736
Court: Supreme Court of Georgia | Date Filed: 2004-06-28
Citation: 598 S.E.2d 488, 278 Ga. 150, 2004 Fulton County D. Rep. 2151, 2004 Ga. LEXIS 536
Snippet: of such sentences in the case at hand. OCGA § 17-10-31.1(d). See also Zellmer, supra, 272 Ga. at 735-736(1)
Court: Supreme Court of Georgia | Date Filed: 2003-05-05
Citation: 580 S.E.2d 234, 276 Ga. 554, 2003 Fulton County D. Rep. 1450, 2003 Ga. LEXIS 372
Snippet: when the death penalty is sought (see OCGA § 17-10-31.1), neither of those circumstances is present in