Georgia Code
Article 2 - Death Penalty Generally
§ 17-10-35. Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review

History. Code 1933, § 27-2537, enacted by Ga. L. 1973, p. 159, § 4.
Cross references.
Service of notice of appeal, enumeration of errors, briefs, and motions where capital crime involved, Rules of the Supreme Court of the State of Georgia, Rule 44.
Unified appeal, review proceedings, Uniform Superior Court Rules, Rule 34.5.
Law reviews.
For article, “Toward a Perspective on the Death Penalty Cases,” see 27 Emory L.J. 469 (1978).
For article surveying judicial developments in Georgia Criminal Law, see 31 Mercer L. Rev. 59 (1979).
For article, “The Georgia Bill of Rights: Dead or Alive?,” see 34 Emory L.J. 341 (1985).
For article, “Death Penalty Law,” see 53 Mercer L. Rev. 233 (2001).
For survey article on death penalty decisions from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 175 (2003).
For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004).
For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005).
For annual survey of death penalty law, see 58 Mercer L. Rev. 111 (2006).
For annual survey on death penalty, see 65 Mercer L. Rev. 93 (2013).
For comment, “Making the Murderer’s Voyeurs: The Influence of Violent Crime Exposure, Social Movements, and Desensitization on Georgia’s Treatment of the Death Penalty,” see 72 Mercer L. Rev. 883 (2021).
For note, “Reviewing the Georgia Supreme Court’s Efforts at Proportionality Review,” see 39 Ga. L. Rev. 631 (2005).
For note, “A Promise Unfulfilled: Challenges to Georgia’s Death Penalty Statute Post Furman,” see 33 Ga. St. U.L. Rev. 839 (2017).
For comment analyzing and criticizing the 1973 capital punishment statute in light of Furman v. Georgia, 408 U.S. 238, 92 S. Ct. 2726 , 33 L. Ed. 2 d 346 (1972), see 24 Mercer L. Rev. 891 (1973).
For comment criticizing inadequate standards and nebulous measurements for review under Georgia death penalty statute, in light of Colby v. State, 231 Ga. 829 , 204 S.E.2d 612 (1974), see 26 Mercer L. Rev. 331 (1974).

Structure Georgia Code

Georgia Code

Title 17 - Criminal Procedure

Chapter 10 - Sentence and Punishment

Article 2 - Death Penalty Generally

§ 17-10-30. Procedure for Imposition of Death Penalty Generally

§ 17-10-31. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition; Arguments of Counsel During Sentencing Phase; Jury Instructions; Actions of Judge in Event of Failure to Reach Unanimous Verd...

§ 17-10-32. Sentencing of Person Indicted for Capital Offense to Life Imprisonment or Other Punishment Upon Plea of Guilty

§ 17-10-33. Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant

§ 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female

§ 17-10-35. Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review

§ 17-10-35.1. Review of Pretrial Proceedings When Death Penalty Is Sought; Reports Investigating Reversible Error; Transmittal of Reports to Supreme Court; Orders Regarding Review; Attorney General Assistance; Res Judicata; Applicability; Waiver of R...

§ 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings

§ 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus

§ 17-10-37. Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data

§ 17-10-38. Death Sentences 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

§ 17-10-40. Change of Time Period for Execution When Time Period Set for Execution Has Passed; Recordation on Court Minutes; Length of and Time Limitation for New Time Period for Execution; Setting Day and Time for Execution

§ 17-10-41. Persons Required to Be Present at Executions

§ 17-10-42. Preparation and Filing of Certification of Execution

§ 17-10-42.1. Participation of Medical Professionals in Executions

§ 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body

§ 17-10-44. Apparatus, Machinery, and Appliances