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.
History. 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).
Structure Georgia Code
Chapter 10 - Sentence and Punishment
Article 3 - Mentally Incompetent to Be Executed
§ 17-10-60. “Mentally Incompetent to Be Executed” Defined
§ 17-10-61. No Execution Upon Determination of Mental Incompetency to Be Executed
§ 17-10-62. Exclusive Procedure for Challenging Mental Competency to Be Executed
§ 17-10-63. Filing of Application; Contents
§ 17-10-64. Service of Application
§ 17-10-65. Answer by Respondent
§ 17-10-66. Examination of Applicant
§ 17-10-67. When Application to Be Filed
§ 17-10-68. Proof; Disposition
§ 17-10-69. Prior Adjudication as Presumption of Mental Competency
§ 17-10-71. Procedure Upon Convicted Person’s Regaining Mental Competency