If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant’s making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant’s mental competency to be executed at the time of filing of any subsequent applications.
O.C.G.A. § 17-10-69
Prior adjudication as presumption of mental competency
— Code 1981, § 17-10-69, enacted by Ga
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.