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.
(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).
JUDICIAL DECISIONS
Cited in Alford v. State, 137 Ga. 458, 73 S.E. 375 (1912); Solesbee v. Balkcom, 205 Ga. 122, 52 S.E.2d 433 (1949); Brown v. State, 261 Ga. 66, 401 S.E.2d 492 (1991); Hall v. Brannan, 284 Ga. 716, 670 S.E.2d 87 (2008).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 63 et seq., 83 et seq.
Capital Cases Involving Mental Retardation, 53 Am. Jur. Trials 1.
C.J.S.- 22A C.J.S., Criminal Procedure and Rights of the Accused, § 511 et seq. 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2328 et seq.
ALR.
- Insanity supervening after conviction and sentence of death, 49 A.L.R. 804.
Right of appeal in proceeding for restoration to competency, 122 A.L.R. 541.
Insanity of accused at time of commission of offense, not raised at trial, as ground for habeas corpus or coram nobis after conviction, 29 A.L.R.2d 703.
Effect of death of appellant upon appeal from judgment of mental incompetence against him, 54 A.L.R.2d 1161.
Propriety of carrying out death sentences against mentally ill individuals, 111 A.L.R.5th 491.