17-10-36
Code Resources
Georgia Resources
Georgia Website
Georgia Governor
Georgia Legislature
Georgia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
17-10-36.
(a)
The Supreme Court of Georgia shall establish, by rules, a new unified review
procedure to provide for the presentation to the sentencing court and to the
Supreme Court of all possible challenges to the trial, conviction, sentence, and
detention of defendants upon whom the sentence of death has been or may be
imposed, which challenges before July 1, 1988, have been presented for review by
the former unified review procedure under this subsection. Such new unified
review procedure shall govern both pretrial and posttrial appellate review of
death penalty cases.
(b)
The Supreme Court shall establish, by rules, a series of check lists to be
utilized by the trial court, the prosecuting attorney, and defense counsel prior
to, during, and after the trial of cases in which the death penalty is sought to
make certain that all possible matters which could be raised in defense have
been considered by the defendant and defense counsel and either asserted in a
timely and correct manner or waived in accordance with applicable legal
requirements, so that, for purposes of any pretrial review and the trial and
posttrial review, the record and transcript of proceedings will be complete for
a review by the sentencing court and the Supreme Court of all possible
challenges to the trial, conviction, sentence, and detention of the defendant.
(c)
Nothing in this Code section or in the rules of the Supreme Court shall limit or
restrict the grounds of review or suspend the rights or remedies available
through the procedures governing the writ of habeas corpus.
(d)
The procedures governing the writ of habeas corpus may be employed to assert
rights or seek remedies if the procedures established in the rules of the
Supreme Court as applied to the petitioner are inadequate or ineffective in any
constitutional sense.