Georgia Code
Article 2 - Death Penalty Generally
§ 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...

History. Code 1981, § 17-10-35.1 , enacted by Ga. L. 1988, p. 1437, § 4; Ga. L. 2010, p. 420, § 1/HB 323.
Cross references.
Issues for review, Ga. S. Ct. R. 37.
Editor’s notes.
Ga. L. 2010, p. 420, § 3/HB 323, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to any case docketed on or after July 1, 2010.
Law reviews.
For article, “A Study of the Unified Appeal Procedure in Georgia,” see 23 Ga. L. Rev. 185 (1988).
For annual survey of appellate practice and procedure, see 40 Mercer L. Rev. 51 (1988).
For annual survey on the death penalty, see 64 Mercer L. Rev. 109 (2012).

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