Georgia House of Representatives - 1995/1996 Sessions

HB 57 - Appeal from death sentence; consolidated single appeal

Page Numbers - 1/ 2/ 3

Code Sections - 5-6-33/ 17-10-36

1. Hembree  98th


House Comm:            /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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Code Sections amended: 5-6-33, 17-10-36                                                             


HB 57                                             LC 16 3883






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 5-6-33 of the Official Code of Georgia
  1- 2  Annotated, relating to the right of appeal generally, so as
                                                                                                    <->
  1- 4  limited to one appeal from such sentence; to amend Code
  1- 5  Section 17-10-36 of the Official Code of Georgia Annotated,
  1- 6  relating to establishment of a unified review procedure by
  1- 7  the Supreme Court, so as to provide that such persons
  1- 8  sentenced to death shall consolidate and assert all matters
  1- 9  in a single appeal and failure to do so shall preclude
  1-10  additional appeals; to provide for related matters; to
  1-11  repeal conflicting laws; and for other purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Code Section 5-6-33 of the Official Code of Georgia
  1-14  Annotated, relating to the right of appeal generally, is
  1-15  amended by striking said Code section in its entirety and
  1-16  inserting in lieu thereof the following:

  1-17    "5-6-33. (Index)

  1-18      (a)(1) Either party in any civil case and the defendant
  1-19      in any criminal proceeding in the superior, state, or
  1-20      city courts may appeal from any sentence, judgment,
  1-21      decision, or decree of the court, or of the judge
  1-22      thereof in any matter heard at chambers; provided,
  1-23      however, that any person sentenced to death shall be
  1-24      limited to one appeal from such sentence as provided for
  1-25      in Code Section 17-10-36.

  1-26      (2) Either party in any civil case in the probate courts
  1-27      provided for by Article 6 of Chapter 9 of Title 15 may
  1-28      appeal from any judgment, decision, or decree of the
  1-29      court, or of the judge thereof in any matter heard at
  1-30      chambers.

  1-31    (b) This Code section shall not affect Chapter 7 of this
  1-32    title."



                                 -1- (Index)

                                                  LC 16 3883

                         SECTION 2.

  2- 1  Code Section 17-10-36 of the Official Code of Georgia
  2- 2  Annotated, relating to establishment of a unified review
  2- 3  procedure by the Supreme Court, is amended by striking said
  2- 4  Code section in its entirety and inserting in lieu thereof
  2- 5  the following:

  2- 6    "17-10-36. (Index)

  2- 7    (a) The Supreme Court of Georgia shall establish, by
  2- 8    rules, a new unified review procedure to provide for the
  2- 9    presentation to the sentencing court and to the Supreme
  2-10    Court of all possible challenges to the trial, conviction,
  2-11    sentence, and detention of defendants upon whom the
  2-12    sentence of death has been or may be imposed, which
  2-13    challenges before July 1, 1988, have been presented for
  2-14    review by the former unified review procedure under this
  2-15    subsection. Such new unified review procedure shall govern
  2-16    both pretrial and posttrial appellate review of death
  2-17    penalty cases.

  2-18    (b) The Supreme Court shall establish, by rules, a series
  2-19    of check lists to be utilized by the trial court, the
  2-20    prosecuting attorney, and defense counsel prior to,
  2-21    during, and after the trial of cases in which the death
  2-22    penalty is sought to make certain that all possible
  2-23    matters which could be raised in defense have been
  2-24    considered by the defendant and defense counsel and either
  2-25    asserted in a timely and correct manner or waived in
  2-26    accordance with applicable legal requirements, so that,
  2-27    for purposes of any pretrial review and the trial and
  2-28    posttrial review, the record and transcript of proceedings
  2-29    will be complete for a review by the sentencing court and
  2-30    the Supreme Court of all possible challenges to the trial,
  2-31    conviction, sentence, and detention of the defendant.
  2-32    Except as provided in subsections (c) and (d) of this Code
  2-33    section with respect to habeas corpus proceedings, a
  2-34    person who has been sentenced to death shall be entitled
  2-35    to one appeal and shall consolidate and assert all
  2-36    possible issues, questions, and other matters regarding
  2-37    such person's trial, conviction, and sentencing in a
  2-38    single appeal and the failure to do so shall preclude the
  2-39    assertion of such matters in any future appeal.

  2-40    (c) Nothing in this Code section or in the rules of the
  2-41    Supreme Court shall limit or restrict the grounds of




                                 -2- (Index)

                                                  LC 16 3883

  3- 1    review or suspend the rights or remedies available through
  3- 2    the procedures governing the writ of habeas corpus.

  3- 3    (d) The procedures governing the writ of habeas corpus may
  3- 4    be employed to assert rights or seek remedies if the
  3- 5    procedures established in the rules of the Supreme Court
  3- 6    as applied to the petitioner are inadequate or ineffective
  3- 7    in any constitutional sense."

                         SECTION 3.

  3- 8  All laws and parts of laws in conflict with this Act are
  3- 9  repealed.





































                                 -3- (Index)