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O.C.G.A. § 17-10-62 — Exclusive procedure for challenging mental competency to be executed | Georgia Code

O.C.G.A. § 17-10-62 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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).

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.