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2018 Georgia Code 17-10-32.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-32.1 Case Law from Google Scholar Amendments to OCGA 17-10-32.1

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-32.1. Sentencing of person subject to death penalty or life without parole upon plea of guilty; duties of judge.

Repealed by Ga. L. 2009, p. 223, § 7/SB 13, effective April 29, 2009.

Editor's notes.

- This Code section was based on Code 1981, § 17-10-32.1, enacted by Ga. L. 1993, p. 1654, § 6.

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 amendment 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 Georgia Code 17-10-32.1 From Courtlistener.com

Total Results: 20

Moss v. State

Court: Supreme Court of Georgia | Date Filed: 2021-03-15

Snippet: Velazquez majority reasoned that under OCGA § 17- 10-32.1 and other law in effect at that time, an LWOP

Parks v. State

Court: Supreme Court of Georgia | Date Filed: 2019-04-29

Citation: 827 S.E.2d 669, 305 Ga. 712

Snippet: The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find

Deloney v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-02

Citation: 302 Ga. 142, 805 S.E.2d 881

Snippet: then-applicable sentencing scheme. See former OCGA § 17-10-32.1 (b) (“Unless the district attorney has given

Lewis v. State

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: The bill also repealed OCGA§§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find

Pope v. State

Court: Supreme Court of Georgia | Date Filed: 2017-06-19

Citation: 301 Ga. 528, 801 S.E.2d 830, 2017 WL 2625455, 2017 Ga. LEXIS 535

Snippet: possibility of parole is void under former OCGA § 17-10-32.1,2 because the sentencing court failed to comply

Kimbrough v. State

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: §§ 17-10-16 (a), 17-10-30.1, 17-10-31.1, and 17-10-32.1, the legislature intended the sentence of life

Hudson v. State

Court: Supreme Court of Georgia | Date Filed: 2016-02-22

Citation: 298 Ga. 536, 783 S.E.2d 130, 2016 Ga. LEXIS 168

Snippet: At the time of Hudson’s crimes, OCGA § 17-10-32.1 (b) 1 provided that, in cases where

Cordova, A/K/A Cordoba v. State

Court: Supreme Court of Georgia | Date Filed: 2015-04-20

Snippet: aggravating circumstance required by O.C.G.A. § 17-10-32.1 (b) authorizing imposition of a life sentence

Cordova v. the State

Court: Supreme Court of Georgia | Date Filed: 2015-04-20

Citation: 297 Ga. 26, 771 S.E.2d 884, 2015 Ga. LEXIS 239

Snippet: aggravating circumstance required by O.C.G.A. § 17-10-32.1 (b) authorizing imposition of a life sentence

Bun v. State

Court: Supreme Court of Georgia | Date Filed: 2015-02-16

Snippet: The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find

Bun v. State

Court: Supreme Court of Georgia | Date Filed: 2015-02-16

Citation: 296 Ga. 549, 769 S.E.2d 381, 2015 Ga. LEXIS 126

Snippet: The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find

Pierce v. State

Court: Supreme Court of Georgia | Date Filed: 2014-03-03

Citation: 294 Ga. 842, 755 S.E.2d 732, 2014 Fulton County D. Rep. 382, 2014 WL 819502, 2014 Ga. LEXIS 181

Snippet: of sentencing as required under former OCGA § 17-10-32.1. See Pierce v. State, 289 Ga. 893

Moore v. State

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: the time Moore was sentenced in 2001, OCGA § 17-10-32.1 provided that a defendant who enters a plea after

Adams v. State

Court: Supreme Court of Georgia | Date Filed: 2013-09-09

Citation: 293 Ga. 506, 748 S.E.2d 459, 2013 Fulton County D. Rep. 2822, 2013 WL 4788144, 2013 Ga. LEXIS 632

Snippet: circumstance as required by then-effective OCGA § 17-10-32.1 (b),2 and that the sentence of life without the

Heywood v. State

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: the 2009 Act repealed OCGA §§ 17-10-31.1 and 17-10-32.1, which required the finding of a statutory aggravating

Williams v. State

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: The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find

Pierce v. State

Court: Supreme Court of Georgia | Date Filed: 2011-10-17

Citation: 717 S.E.2d 202, 289 Ga. 893, 2011 Fulton County D. Rep. 3203, 2011 Ga. LEXIS 817

Snippet: parole, the trial court violated former OCGA § 17-10-32.1 by failing to make a specific, express finding

Merritt v. State

Court: Supreme Court of Georgia | Date Filed: 2010-03-15

Citation: 690 S.E.2d 835, 286 Ga. 650, 2010 Fulton County D. Rep. 754, 2010 Ga. LEXIS 221

Snippet: based on the language of OCGA §§ 17-10-16 and 17-10-32.1 that life without parole cannot be a punishment

State v. Velazquez

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: pled guilty, his situation is governed by OCGA § 17-10-32.1. That statute reads: (a) Subject to the provisions

Sanders v. State

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: Sanders's pleas. Sanders also points to OCGA § 17-10-32.1[4] as providing a statutory right to plead guilty