Georgia Code, Title 17, Chapter 10, 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...
• § 17-10-61 - No Execution Upon Determination of Mental Incompetency to Be Executed
  A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is...
• § 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...
• § 17-10-63 - Filing of Application; Contents
  (a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained....
• § 17-10-64 - Service of Application
  Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being...
• § 17-10-65 - Answer by Respondent
  As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may...
• § 17-10-66 - Examination of Applicant
  (a) By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental...
• § 17-10-67 - When Application to Be Filed
  An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge...
• § 17-10-68 - Proof; Disposition
  (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.(b) The taking of depositions shall be governed by Code...
• § 17-10-69 - Prior Adjudication As Presumption of Mental Competency
  If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to...
• § 17-10-70 - Appeals
  (a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of...
• § 17-10-71 - Procedure Upon Convicted Person's Regaining Mental Competency
  If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or...

Last modified: October 14, 2016