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Georgia Statutes

§ 17-9-3 — Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense

Georgia § 17-9-3
JurisdictionGeorgia
Title17

This text of Georgia § 17-9-3 (Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense) 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. § 17-9-3 (2026).

Text

In all capital cases, other than those of homicide, when the verdict is "guilty," with a recommendation for mercy, it shall be legal and shall mean imprisonment for life. When the verdict is "guilty," without a recommendation for mercy, it shall be legal and shall mean that the convicted person shall be sentenced to death. When it is shown that a person convicted of a capital offense without a recommendation for mercy had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.

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Related

Ivon Ray Stanley v. Walter D. Zant, Warden Georgia Diagnostic and Classification Center, Defendant
697 F.2d 955 (Eleventh Circuit, 1983)
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Williams v. State
368 S.E.2d 742 (Supreme Court of Georgia, 1988)
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Legare v. State
302 S.E.2d 351 (Supreme Court of Georgia, 1983)
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837 S.E.2d 788 (Supreme Court of Georgia, 2020)
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Hill v. State
398 S.E.2d 226 (Court of Appeals of Georgia, 1990)
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696 S.E.2d 483 (Court of Appeals of Georgia, 2010)
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Nearby Sections

15
§ 17-1-1
Filing and service of pleadings, motions, and other papers
§ 17-1-2
Maintenance of penal actions
§ 17-1-3
Effect of mistake or misprision of clerk or other ministerial officer
§ 17-1-4
Vacation of judgments, verdicts, rules, or orders obtained by perjury
§ 17-10-1
Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions
§ 17-10-1-1
Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal
§ 17-10-1-2
Oral victim impact statement; presentation of evidence; cross-examination and rebuttal by defendant; effect of noncompliance; no creation of cause of action or right of appeal
§ 17-10-1-3
Factoring into sentencing determinations citizenship status of convict
§ 17-10-1-4
Split sentence
§ 17-10-10
Concurrent sentences
§ 17-10-11
Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section
§ 17-10-12
Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant
§ 17-10-13
Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment
§ 17-10-14
Committal of person under 17 convicted of felony
§ 17-10-15
AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results
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Bluebook (online)
Georgia § 17-9-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/17-9-3.