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HB 0578 - State court proceedings; first time; death sentence; change certain provisions

Tracking Level: Monitor
Sponsor: Ralston,David 7th
Last Action: 1/31/2008 - Senate Read and Referred
House Committee: JudyNC
Senate Committee: JUDY
Assigned To:
02. Supreme CourtNext Bill
03. Court of AppealsNext Bill
06. State CourtsNext Bill

Staff Analysis of the Legislation

Amend Article 2 of Chapter 14 of Title 9.  Relating to habeas corpus procedure for person sunder sentence of state court of record.  This bill would change certain provisions relating to petitions challenging for the first time state court proceedings resulting in a death sentence.  After the close of evidence and the filing of the transcript of any evidentiary hearings, the petitioner shall have 90 days in which to file any brief and, if directed [by] the court, shall file proposed findings of fact and conclusions of law. The respondent shall file any responsive brief and, if directed by the court, proposed findings of fact and conclusions of law, within 60 days of the filing of the petitioner�s brief. The petitioner shall have ten days from the filing of the respondent�s brief to file any reply brief. Upon a showing of good cause, the court may grant either party an extension of time, not to exceed 60 days, for filing briefs or orders. The judge of the superior court hearing the case shall make written findings of fact and conclusions of law and such findings shall be filed within 120 days of the filing of either the respondent�s brief or proposed order or the filing of the petitioner�s reply brief, whichever is later. If the findings of fact and conclusions of law of the judge are not filed within such time frame, the judge shall file a report in the superior court of the county where the case is pending setting forth with specificity the reasons for the delay and shall submit a copy of such report to the clerk of the Supreme Court of Georgia and the parties. Every 30 days thereafter until the order is filed, the judge shall provide an updated status report to the superior court clerk, the clerk of the Supreme Court of Georgia, and the parties setting forth the reasons for the delay.

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