§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney
When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused’s mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused’s mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation […]
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial
As used in this Code section, the term: “Child” means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-560. “Civil commitment” means the accused’s involuntary inpatient or outpatient commitment pursuant to Chapter 3 or 4 of Title 37, as appropriate. “Court” means the court which has jurisdiction over the […]
§ 17-7-130.1. Evidence as to Defendant’s Sanity at Time of Offense; Examination and Testimony by Psychiatrist or Psychologist
At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant’s sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is […]
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime
For purposes of this Code section, the term: “Insane at the time of the crime” means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. “Intellectual disability” means having significantly subaverage general intellectual functioning resulting in or associated […]
§ 17-7-150. Procedures for Change of Venue; Transfer of Case; Appeal From Denial of Change of Venue
The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant’s or defense counsel’s judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion […]
§ 17-7-151. Transfer Upon Change of Venue of Evidence, List of Witnesses, and Papers; Issuance of Subpoenas to Witnesses and Others by Clerk of Court Selected to Try Case
Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnesses subpoenaed […]
§ 17-7-152. Subsequent Changes of Venue
If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where a fair and impartial jury can […]
§ 17-7-170. Demand for Speedy Trial; Service; Discharge and Acquittal for Lack of Prosecution; Expiration; Reversal on Direct Appeal; Mistrial and Retrial; Special Pleas of Incompetency
Any defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the defendant’s life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by […]
§ 17-7-171. Time for Demand for Speedy Trial in Capital Cases; Discharge and Acquittal When No Trial Held Before End of Two Court Terms of Demand; Counting of Terms in Cases in Which Death Penalty Is Sought; Special Pleas of Incompetency
Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any subsequent term thereafter demand a speedy trial. The demand for […]
§ 17-7-172. Requirement of Announcement by State of Readiness for Trial Prior to Announcement by Defendant; Speedy Trial
The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement. History. Ga. L. 1862-63, p. 138, § 1; Code 1868, § 4613; […]