Georgia Code
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.
History. Code 1981, § 17-10-69 , enacted by Ga. L. 1988, p. 1003, § 2.

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