Petitions Challenging for the First Time State Court Proceedings Resulting in a Death Sentence

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Habeas Corpus
  5. Procedure for Persons Under Sentence of State Court of Record
  6. Petitions Challenging for the First Time State Court Proceedings Resulting in a Death Sentence

Checkout our iOS App for a better way to browser and research.

  1. In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section.
  2. Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assistance under paragraph (3) of subsection (b) of Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.
  3. The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sentence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31, 1995. Such new time periods and schedules shall include, but specifically not be limited to, the following:
    1. Respondent's filing of an answer or motion to dismiss the petition;
    2. Petitioner's filing of any amendments to the petition;
    3. Filing by either party of motions and responses to motions;
    4. Scheduling and conducting of evidentiary hearings; and
    5. Date of final order.
  4. In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions.

(Code 1981, §9-14-47.1, enacted by Ga. L. 1995, p. 381, § 5; Ga. L. 1996, p. 6, § 9.)

Cross references.

- Habeas corpus proceedings in death sentence cases - application, Ga. Unif. S. Ct. R. 44.1.

Editor's notes.

- Ga. L. 1995, p. 381, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Death Penalty Habeas Corpus Reform Act of 1995.'"

Ga. L. 1995, p. 381, § 2, not codified by the General Assembly, provides for legislative intent and purpose for this Act.


Download our app to see the most-to-date content.