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2018 Georgia Code 17-10-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-60 Case Law from Google Scholar Amendments to OCGA 17-10-60

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 3 MENTALLY INCOMPETENT TO BE EXECUTED

17-10-60. "Mentally incompetent to be executed" defined.

As used in this article, the term "mentally incompetent to be executed" means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.

(Code 1981, §17-10-60, enacted by Ga. L. 1988, p. 1003, § 2.)

Law reviews.

- For note, "Uncertain Waters: Tennard v. Dretke Provides Swells of Protection for the Mentally Deficient But May Cause Rising Tides of Frivolous Claims," see 56 Mercer L. Rev. 1483 (2005).

JUDICIAL DECISIONS

Cited in Alford v. State, 137 Ga. 458, 73 S.E. 375 (1912); Solesbee v. Balkcom, 205 Ga. 122, 52 S.E.2d 433 (1949); Brown v. State, 261 Ga. 66, 401 S.E.2d 492 (1991); Hall v. Brannan, 284 Ga. 716, 670 S.E.2d 87 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 66 et seq.

Capital Cases Involving Mental Retardation, 53 Am. Jur. Trials 1.

C.J.S.

- 24 C.J.S., Criminal Law, §§ 2039, 2040.

ALR.

- Insanity supervening after conviction and sentence of death, 49 A.L.R. 804.

Right of appeal in proceeding for restoration to competency, 122 A.L.R. 541.

Insanity of accused at time of commission of offense, not raised at trial, as ground for habeas corpus or coram nobis after conviction, 29 A.L.R.2d 703.

Effect of death of appellant upon appeal from judgment of mental incompetence against him, 54 A.L.R.2d 1161.

Propriety of carrying out death sentences against mentally ill individuals, 111 A.L.R.5th 491.

Cases Citing O.C.G.A. § 17-10-60

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Burgess v. State, 264 Ga. 777 (Ga. 1994).

Cited 89 times | Published | Supreme Court of Georgia | Dec 5, 1994 | 450 S.E.2d 680, 94 Fulton County D. Rep. 3985

...Accordingly, if, and only if, the factfinder finds beyond a reasonable doubt at the guilt-innocence phase that the defendant is "guilty but mentally retarded," "the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life." OCGA § 17-7-131 (j). Compare OCGA § 17-10-60 et seq....
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Turpin v. Hill, 498 S.E.2d 52 (Ga. 1998).

Cited 38 times | Published | Supreme Court of Georgia | Feb 23, 1998 | 269 Ga. 302

...as merely on the "borderline." If Hill was not mentally retarded, then, as a matter of Georgia statutory and constitutional law, the death penalty would not constitute cruel and unusual punishment. In Burgess, this court correctly distinguished OCGA § 17-10-60 et seq., which provides a post-conviction procedure for obtaining a stay of execution based upon mental incompetency....
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Perkins v. Hall, 708 S.E.2d 335 (Ga. 2011).

Cited 37 times | Published | Supreme Court of Georgia | Mar 18, 2011 | 288 Ga. 810, 2011 Fulton County D. Rep. 758

...n this context requires death row prisoners to "know the fact of their impending execution and the reason for it"). After Ford, Georgia established a separate procedure to address claims that a prisoner is "mentally incompetent to be executed," OCGA § 17-10-60 et seq., which is the exclusive procedure for raising such a challenge after sentencing, see OCGA § 17-10-62, and creates a rebuttable presumption against re-litigation of a finding of competency instead of applying the stricter habeas procedural default standard, see OCGA § 17-10-69....
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Brown v. State, 401 S.E.2d 492 (Ga. 1991).

Cited 17 times | Published | Supreme Court of Georgia | Feb 21, 1991 | 261 Ga. 66

...stitutional. 18. In his 24th enumeration, Brown contends that his death sentence violates the state and federal constitutions, Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) (prohibiting execution of insane persons) and OCGA § 17-10-60 (prohibiting execution of mentally incompetent persons)....
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Hall v. Brannan, 670 S.E.2d 87 (Ga. 2008).

Cited 11 times | Published | Supreme Court of Georgia | Nov 3, 2008 | 284 Ga. 716, 2008 Fulton County D. Rep. 3457

...We acknowledge, of course, that it is both unconstitutional and unlawful under Georgia statutory law to execute persons who are insane at the time of their executions. Ford v. Wainwright, 477 U.S. 399, 409-410(II)(B), 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986). See also OCGA § 17-10-60 et seq.