Title 17, Chapter 10, Section 36
( 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. |