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2018 Georgia Code 17-10-62 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-62 Case Law from Google Scholar Amendments to OCGA 17-10-62

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 3 MENTALLY INCOMPETENT TO BE EXECUTED

17-10-62. Exclusive procedure for challenging mental competency to be executed.

Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.

(Code 1981, §17-10-62, enacted by Ga. L. 1988, p. 1003, § 2.)

JUDICIAL DECISIONS

Habeas corpus proceeding.

- O.C.G.A. § 17-10-60 et seq. is the exclusive procedure for raising a mentally incompetent to be executed challenge after sentencing, O.C.G.A. § 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, O.C.G.A. § 17-10-69; accordingly, this issue should not arise in habeas proceedings in Georgia. Perkins v. Hall, 288 Ga. 810, 708 S.E.2d 335 (2011).

Cases Citing Georgia Code 17-10-62 From Courtlistener.com

Total Results: 2

Perkins v. Hall

Court: Supreme Court of Georgia | Date Filed: 2011-03-18

Citation: 708 S.E.2d 335, 288 Ga. 810, 2011 Fulton County D. Rep. 758, 2011 Ga. LEXIS 255

Snippet: such a challenge after sentencing, see OCGA § 17-10-62, and creates a rebuttable presumption against

Zant v. Brantley

Court: Supreme Court of Georgia | Date Filed: 1992-01-16

Citation: 261 Ga. 817, 411 S.E.2d 869, 1992 Ga. LEXIS 25

Snippet: 3. Contrary to the warden’s contention, OCGA § 17-10-62 et seq. is not applicable in this case because