reglab/housing_qa huggingface dataset:
GA Code § 17-10-36 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus

  The Supreme Court of Georgia shall establish, by rules, a new unified review procedure to provide for the presentation to the sentencing court and to the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed, which challenges before July 1, 1988, have been presented for review by the former unified review procedure under this subsection. Such new unified review procedure shall govern both pretrial and posttrial appellate review of death penalty cases.   The Supreme Court shall establish, by rules, a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sentencing court and the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of the defendant.   Nothing in this Code section or in the rules of the Supreme Court shall limit or restrict the grounds of review or suspend the rights or remedies available through the procedures governing the writ of habeas corpus.   The procedures governing the writ of habeas corpus may be employed to assert rights or seek remedies if the procedures established in the rules of the Supreme Court as applied to the petitioner are inadequate or ineffective in any constitutional sense.    (Code 1933, § 27-2538, enacted by Ga. L. 1980, p. 390, § 1; Ga. L. 1988, p. 1437, § 5.)   Cross references.   - Habeas corpus generally, T. 9, C. 14.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following "July 1, 1988" in subsection (a) and a comma was deleted following "death penalty is sought" near the beginning of subsection (b).   Law reviews.   - For article, "A Study of the Unified Appeal Procedure in Georgia," see 23 Ga. L. Rev. 185 (1988). For survey article on death penalty law, see 60 Mercer L. Rev. 105 (2008).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   To What Proceedings Section Applicable
GA Code § 17-10-39 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-39. Procedure for Determination if Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order for Execution of Sentence; Entry of Order Upon Minutes of Court

 After a sentence of death has been imposed, if a female defendant so sentenced is believed to be pregnant, the sheriff of the county in which the defendant is imprisoned, with the concurrence and assistance of the judge of the probate court, shall select one or more physicians who shall conduct an examination. If the female is found to be pregnant, the sheriff shall suspend the execution of the sentence and make a report of the examination and suspension of execution to the presiding judge of the circuit, who shall cause the report and suspension to be entered on the minutes of the superior court of the county where the sentence was imposed. When the defendant is no longer pregnant, the judge shall issue a new order as provided in Code Section 17-10-40 directing the sheriff to execute the sentence at such date and place as the judge may appoint and direct in the order, which the sheriff shall be bound to do accordingly. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court in which the sentence was imposed.   (Laws 1833, Cobb's 1851 Digest, p. 839; Code 1863, § 4553; Code 1868, § 4573; Code 1873, § 4667; Ga. L. 1874, p. 30; Code 1882, § 4667; Penal Code 1895, § 1045; Penal Code 1910, § 1071; Code 1933, § 27-2520.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 718 et seq.
GA Code § 17-10-42 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-42. Preparation and Filing of Certification of Execution

 The executioner and attending physicians shall certify the fact of the execution to the clerk of the superior court of the county in which the sentence was imposed, which certificate shall be filed by the clerk with the papers in the case.   (Ga. L. 1924, p. 195, § 5; Code 1933, § 27-2516.)   Cross references.   - Maintenance of death records generally, § 31-10-17 et seq.   JUDICIAL DECISIONS    Cited in Meyers v. Whittle, 171 Ga. 509, 156 S.E. 120 (1930); Irwin v. Lawrence, 196 Ga. App. 202, 26 S.E.2d 251 (1943).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 718 et seq.   C.J.S.   - 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2429 et seq.
GA Code § 17-10-42.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-42.1. Participation of Medical Professionals in Executions

 Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or revocation for any physician or medical professional licensed in the State of Georgia.    (Code 1981, §17-10-42.1, enacted by Ga. L. 2006, p. 274, § 1/HB 57.)   Editor's notes.   - Ga. L. 2006, p. 274, § 2/HB 57, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2006, and shall apply to executions carried out on or after July 1, 2006."
GA Code § 17-10-43 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body

 The body of an executed person shall be delivered to the relatives of the person if they so desire; and, in case no claim is made by relatives for the body, it shall be disposed of in the same manner as bodies of inmates dying in a state correctional institution. If the nearest relatives of the person executed desire that the body be transported to the former home of the executed person, if in this state, the expenses of transportation shall be paid by the county governing authority of the county where the person was convicted, from any funds on hand in the treasury.   (Ga. L. 1924, p. 195, § 6; Code 1933, § 27-2517.)   Cross references.   - Disposition of unclaimed dead bodies generally, § 31-21-20 et seq.   JUDICIAL DECISIONS    Cited in Meyers v. Whittle, 171 Ga. 509, 156 S.E. 120 (1930).
GA Code § 17-10-44 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-44. Apparatus, Machinery, and Appliances

 The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death.   (Ga. L. 1924, p. 195, § 2; Code 1933, § 27-2513; Ga. L. 1956, p. 161, § 28; Ga. L. 1985, p. 283, § 1; Ga. L. 2000, p. 947, § 5.)   Editor's notes.   - Ga. L. 2000, p. 947, § 1, not codified by the General Assembly, provides that: "It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after May 1, 2000. It is the further intention of the General Assembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia." This Act became effective May 1, 2000.   JUDICIAL DECISIONS   Disclosure of identifying information of persons and entities involved in executions.    - Georgia Supreme Court held that it was not unconstitutional for the State of Georgia to maintain the confidentiality of the names and other identifying information of the persons and entities involved in executions, pursuant to O.C.G.A. § 42-5-36(d), including those who manufacture the drug or drugs to be used. Owens v. Hill, 295 Ga. 302, 758 S.E.2d 794 (2014).   RESEARCH REFERENCES   ALR.    - Manner of inflicting death sentence as cruel or unusual punishment, 30 A.L.R. 1452.   Substantive challenges to propriety of execution by lethal injection in state capital proceedings, 21 A.L.R.6th 1.
GA Code § 17-10-60 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|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, §§ 63 et seq., 83 et seq.   Capital Cases Involving Mental Retardation, 53 Am. Jur. Trials 1.   C.J.S.   - 22A C.J.S., Criminal Procedure and Rights of the Accused, § 511 et seq. 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2328 et seq.   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.
GA Code § 17-10-61 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 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 mentally incompetent to be executed as defined in Code Section 17-10-60.    (Code 1981, §17-10-61, enacted by Ga. L. 1988, p. 1003, § 2.)   Law reviews.   - For note, "Ford v. Wainwright: Eighth Amendment Prohibits Execution of the Insane," see 38 Mercer L. Rev. 949 (1987).   OPINIONS OF THE ATTORNEY GENERAL   Instructions to physician regarding insanity of one convicted of a capital felony.    - In view of the fact that the inquiry under former Code 1933, § 27-2602 (see O.C.G.A. § 17-10-61) was directed to the alleged insanity occurring subsequent to the conviction, the definitions of insanity in former Code 1933, §§ 26-702 and 26-703 (see O.C.G.A. §§ 16-3-2 and16-3-3) were inapplicable and should not be given in written instructions to physicians appointed pursuant to former Code 1933, § 27-2602. Those instructions should inform the physicians that the issue was the present sanity of the individual and should be determined on the basis of whether the individual is capable of presently understanding the nature and object of the proceedings going on against the individual and rightly comprehends the individual's own condition in reference to such proceedings, and was capable of rendering the individual's attorneys such assistance as a proper defense to the proceedings preferred against the individual demands. Since the basic issue is the individual's sanity at a time subsequent to conviction, or, in effect, the individual's present sanity, the appropriate test should be that as employed upon a special plea of insanity under former Code 1933, § 27-1502 (see O.C.G.A. § 17-7-130). 1976 Op. Att'y Gen. No. 76-123.   RESEARCH REFERENCES   ALR.   - Propriety of carrying out death sentences against mentally ill individuals, 111 A.L.R.5th 491.
GA Code § 17-10-62 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|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.)
GA Code § 17-10-63 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 17-10-63. Filing of Application; Contents

  An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.   An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf.     (Code 1981, §17-10-63, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-64 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 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 detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the application is filed.    (Code 1981, §17-10-64, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-65 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 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 schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously.    (Code 1981, §17-10-65, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-66 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 17-10-66. Examination of Applicant

  By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed.   Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert requested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.   If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.     (Code 1981, §17-10-66, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-67 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 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 of the trial court setting a time period for the execution.    (Code 1981, §17-10-67, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-68 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 17-10-68. Proof; Disposition

  The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.   The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37.   If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as possible so that opposing counsel has the opportunity to review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.   After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case.   If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evidence, the court shall enter an appropriate order with respect to any scheduled execution time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic notification be given to the parties and any stay presently entered under this article shall be dissolved instanter.     (Code 1981, §17-10-68, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-69 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 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 be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications.    (Code 1981, §17-10-69, enacted by Ga. L. 1988, p. 1003, § 2.)
GA Code § 17-10-70 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 3 - Mentally Incompetent to Be Executed|§ 17-10-70. Appeals

  Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant, no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the appeal.   If an unsuccessful applicant desires to appeal, he or she must file a written application for a certificate of probable cause to appeal with the clerk of the Supreme Court within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.   If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court.     (Code 1981, §17-10-70, enacted by Ga. L. 1988, p. 1003, § 2.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following "to the applicant" in subsection (a).