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.
O.C.G.A. § 17-10-60
“Mentally incompetent to be executed” defined
Applied in 5 court decisions — leading case 114 Wash. 2d 419 - State v. Harris (1990)
Most recently applied in 671 F. Supp. 2d 840 - Billiot v. Epps (November 2009)
— Code 1981, § 17-10-60, enacted by Ga
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.