Georgia Statutes

§ 17-7-28 — Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify

Georgia § 17-7-28

This text of Georgia § 17-7-28 (Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 17-7-28 (2026).

Text

The court of inquiry shall hear all legal evidence submitted by either party. If the accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, the accused may testify in his or her own behalf. If the accused elects to testify, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness. The rules of evidence shall apply except that hearsay shall be admissible. The failure of an accused to testify shall create no presumption against the accused, and no comment may be made because of such failure.

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Related

Newland v. Hall
527 F.3d 1162 (Eleventh Circuit, 2008)
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Pruitt v. State
373 S.E.2d 192 (Supreme Court of Georgia, 1988)
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Mobley v. State
452 S.E.2d 500 (Supreme Court of Georgia, 1995)
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Leitch v. Fleming
732 S.E.2d 401 (Supreme Court of Georgia, 2012)
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Willett v. State
479 S.E.2d 132 (Court of Appeals of Georgia, 1996)
21 case citations
Coonce v. State
318 S.E.2d 763 (Court of Appeals of Georgia, 1984)
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Owens v. State
783 S.E.2d 611 (Supreme Court of Georgia, 2016)
12 case citations
Fuller v. State
299 S.E.2d 397 (Court of Appeals of Georgia, 1983)
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Lamberson v. State
462 S.E.2d 706 (Supreme Court of Georgia, 1995)
8 case citations
Russell v. State
362 S.E.2d 392 (Court of Appeals of Georgia, 1987)
6 case citations
Bethel v. Fleming
713 S.E.2d 900 (Court of Appeals of Georgia, 2011)
5 case citations

Legislative History

Amended by 2011 Ga. Laws 52,§; 30, eff. 1/1/2013.

Nearby Sections

15
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Bluebook (online)
Georgia § 17-7-28, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/17-7-28.