Georgia Code
Article 3 - Procedure
§ 5-5-41. Requirements as to Extraordinary Motions for New Trial Generally; Notice of Filing of Motion; Limitations as to Number of Extraordinary Motions in Criminal Cases; Dna Testing

History. Orig. Code 1863, § 3645; Code 1868, § 3670; Ga. L. 1873, p. 47, § 1; Code 1873, § 3721; Code 1882, § 3721; Civil Code 1895, § 5487; Penal Code 1895, § 1064; Civil Code 1910, § 6092; Penal Code 1910, § 1091; Code 1933, § 70-303; Ga. L. 2003, p. 247, § 1; Ga. L. 2011, p. 264, § 1-2/SB 80; Ga. L. 2012, p. 775, § 5/HB 942; Ga. L. 2015, p. 693, § 3-4/HB 233.
The 2011 amendment, effective May 11, 2011, deleted “serious violent” and “as defined in Code Section 17-10-6.1” preceding and following “felony” in paragraph (c)(1).
The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (c)(1).
The 2015 amendment, effective July 1, 2015, substituted “fine and bond forfeiture fund as provided in Article 3 of Chapter 21” for “fine and forfeiture fund as provided in Article 3 of Chapter 5” at the end of paragraph (c)(8). See Editor’s notes for applicability.
Cross references.
Granting of new trial based on newly discovered evidence, § 5-5-23 .
Extensions of time for filing of motions for new trial, § 9-11-6 .
Editor’s notes.
Ga. L. 2003, p. 247, § 5, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Notwithstanding the provisions of subsection (b) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, filed an extraordinary motion for new trial, may file an extraordinary motion for new trial pursuant to Section 1 of this Act if the issue of DNA testing was not raised or denied in the prior extraordinary motion for new trial. In any extraordinary motion for new trial allowed pursuant to Section 1 of this Act, the court shall not have jurisdiction to reconsider any other issue raised in the first extraordinary motion for new trial. Notwithstanding the provisions of subparagraph (c)(4)(B) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, previously litigated in a court of this state or the United States the issue of postconviction DNA testing and who was denied DNA testing may file an extraordinary motion for new trial pursuant to Section 1 of this Act.” This Act became effective May 27, 2003.
Ga. L. 2011, p. 264, § 1-1/SB 80, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Johnia Berry Act.’ ”
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”
Law reviews.
For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 119 (2003).
For note, “Seen But Not Heard: An Argument for Granting Evidentiary Hearings to Weigh the Credibility of Recanted Testimony,” see 46 Ga. L. Rev. 213 (2011).
For note, “It’s All In The DNA — How United States v. Hano Extends the Statute of Limitations for the Eleventh Circuit,” see 71 Mercer L. Rev. 1191 (2020).
For comment on Williams v. Georgia, 24 U.S.L.W. 3191 (Jan. 17, 1956), discussing whether a challenge to the entire panel could be raised by an extraordinary motion for new trial, see 18 Ga. B.J. 350 (1956).