GPS RESEARCH LIBRARY: Can Georgia let a court take a second look at a long sentence? ============================================================ Georgia Prisoners' Speak — gps.press Generated: 2026-11-11 15:43:03 EST Research Date: 2026-11-08 Topic: Sentencing and parole JSON: https://gps.press/research-data/can-georgia-let-a-court-take-a-second-look-at-a-long-sentence/?format=json SUMMARY ---------------------------------------- This collection sets out facts from public sources on the subject in its title, drawn from Georgia, federal sources, Alabama, California, Colorado, Connecticut, Florida, Iowa, Louisiana, Maryland, Nebraska, New York, Oklahoma, Pennsylvania, Texas, national and multi-state sources and other sources. Each entry gives a short statement, the exact passage from the source that supports it, and the source's title, web address and the date it was retrieved. Searches of a source that found no match are listed too, with the wordings that were tried. The entries record what each source said when it was retrieved. They aren't a complete account of the subject, and they don't add analysis or conclusions. FINDINGS (16) ---------------------------------------- - [reported] HB 582 would enable incarcerated survivors to request resentencing A Georgia Coalition Against Domestic Violence Survivor Justice Initiative one-pager describes HB 582 as enabling those currently in prison to request resentencing based on meeting an evidentiary standard or prosecutorial discretion, and allowing survivors to present relevant evidence to depart from mandatory minimums. Tags: legal,policy,parole,reentry Sources: HB 582: Georgia Survivor Justice Act - [reported] HB 582 sentencing range: 10 to 30 years where abuse contributed Under HB 582, if a judge determines that family violence, dating violence, or child abuse contributed to a crime with a minimum sentence of life in prison, the judge would have to impose a sentence of 10 to 30 years in prison unless prosecutors agree to a lower sentence. Tags: legal,policy,parole Sources: Georgia bill to reduce prison sentences for domestic violence survivors on its way to becoming law - [reported] Manley v. State did not decide release; parole discretion noted in witness cross-examination context Manley v. State, the case the Miller v. State dissent cites, does not decide whether a prisoner should be released from his sentence. At the cited passage it quotes a special concurrence in Mikell v. State saying the Board of Pardons and Paroles is independent of district attorneys and generally has broad discretion to grant or deny parole. That was said in deciding whether a witness could be cross-examined about parole eligibility. Date: 2010-04-09 Tags: legal,parole Sources: Manley v. State, Supreme Court of Georgia, 2010-04-09 (court record via CourtListener) - [reported] Sponsor: Survivor Justice Act 'not a get out of jail free card' The bill's sponsor, Rep. Stan Gunter, a Republican, said the bill is 'not a get out of jail free card.' Tags: legal,legislation Sources: How the Georgia Survivor Justice Act could change the fate of domestic abuse survivors in prison – WSB-TV Channel 2 - Atlanta - [reported] Prosecutors' council neutral; DA cites family concerns Randy McGinley, district attorney for the Alcovy Judicial Circuit, said during a committee hearing that families may become upset if the person who killed their loved one walks free from prison early, and the Prosecuting Attorneys' Council, which McGinley was representing, took a neutral stance on the bill. Tags: legal,legislation Sources: How the Georgia Survivor Justice Act could change the fate of domestic abuse survivors in prison – WSB-TV Channel 2 - Atlanta - [confirmed] HB 582 enrolled text retains OCGA 17-10-22(b)(2) proviso The enrolled Act ("AS PASSED HOUSE AND SENATE") retained the proviso at Code Section 17-10-22(b)(2), reading in part: "(2) The best interest of justice and welfare of society would be served; provided," Date: 2025-01-01 Tags: legal,policy Sources: 25 HB 582/AP - [confirmed] HB 582 enrolled text retains petition-eligibility condition The enrolled Act's petition-eligibility paragraph retained the condition: "requesting to be sentenced under Code Section 17-10-22 if:" Date: 2025-01-01 Tags: legal,policy Sources: 25 HB 582/AP - [confirmed] HB 582 eligibility: offense committed before July 1, 2025 The enrolled Act retained as an eligibility condition for resentencing petitions: "(i) The offense was committed before July 1, 2025; or" Date: 2025-07-01 Tags: legal,policy Sources: 25 HB 582/AP - [reported] Johns v. State doctrinal lineage The earliest Georgia opinion found in this trace stating that a court's attempt to override the Executive Department's control of a prisoner's release is 'a nullity and constitute[s] an exercise of power granted exclusively to the Executive' is Johns v. State, which rested the rule on the constitution's separation-of-powers and clemency clauses, the earned-time statute (Code Ann. § 77-320.1), and two earlier cases it cites, Neal v. State and Buice v. Bryan; Stephens v. State quoted it to void a court-imposed parole condition, and Terry v. Hamrick relied on Stephens, the line Hayward v. Danforth cites. Date: 1981-01-01 Tags: legal,parole Sources: Johns v. State, Court of Appeals of Georgia, 1981-11-30 (court record via CourtListener) - [reported] Pennsylvania Sutley: legislature altering final judgments repugnant to separation of powers The Pennsylvania Supreme Court stated: 'The amendment is, in operation and effect, a legislative command to the courts to open a judgment previously made final, and to substitute for that judgment a disposition of the matter in accordance with the subsequently expressed legislative will. The vesting in the legislature of the power to alter final judgments would be repugnant to our concept of the separation of the three branches of government.' Date: 1977-10-07 Tags: legal,policy Sources: Commonwealth v. Sutley, 1977-10-07 (court record via CourtListener) - [confirmed] 1950 Act condition omitted in Gray v. State quotation The 1950 Act's § 3A barred superior court judges from modifying sentences to suspend or probate them only after the prisoners 'have entered upon their services in the penal institutions of Georgia'. Gray v. State's quotation leaves out that opening condition, and the 1950 text does not use the words 'term of court'. Date: 1950-01-01 Tags: legal Sources: Ga. L. 1950, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1950 session [volume 1]) - [reported] HB 582 advanced with amendments narrowing murder coverage A news report on a House Judiciary Committee hearing on House Bill 582 stated the bill "advanced with amendments narrowing the murder coverage; prosecutors and advocates debated scope, remedies and parole implications." Tags: legislation,policy,parole Sources: Committee advances 'Georgia Survivors Justice Act' after extended debate over duress and murder charges | Citizen Portal - [reported] Pennsylvania Beyers: any legislative encroachment on judicial power offensive Beyers v. Richmond followed Commonwealth v. Sutley, quoting that Court's statement that '[a]ny encroachment upon the judicial power by the legislature is offensive to the fundamental scheme of our government.' Date: 2007-12-28 Tags: legal Sources: Beyers v. Richmond, Supreme Court of Pennsylvania, 2007-12-28 (court record via CourtListener) - [reported] Chris Cohilas quote on Jenna Colley case and Survivor Justice Act Legal expert Chris Cohilas said of the Jenna Colley case: 'This does not appear to be a situation where the documentation is that of a battered wife that has sustained years and years and years of abuse and then finally blown her top. Rather it seems like she had a very, very, very well documented history of violence against the victim.' Tags: legal,violence Sources: Will ‘Georgia Survivor Justice Act’ be applied for a Dougherty County mother? - [reported] District attorneys opposed Survivor Justice Act from the beginning Local district attorneys had been making their displeasure with the Georgia Survivor Justice Act known from the beginning, since prosecutors would have to be on board for mandatory-minimum departures to occur. Tags: legal,policy Sources: "Georgia Survivor Justice Act" Defies the Tyranny of Mandatory Minimums - [reported] Georgia Justice Project and GCADV drafting/representation roles; resentencing cases expected early 2026 Georgia Justice Project was involved in drafting the Survivor Justice Act and is now representing people whose cases are potentially eligible, alongside Georgia Coalition Against Domestic Violence, but as of the article neither organization was yet taking on resentencing cases and expected to begin in early 2026. Tags: legal,policy,reentry Sources: "Georgia Survivor Justice Act" Defies the Tyranny of Mandatory Minimums LEGAL FACTS (315) ---------------------------------------- - [confirmed] Seven Deadly Sins law mandates 10-year nonparolable minimum Georgia's 'Seven deadly sins' law, passed in 1995, mandates for a first offense a nonparolable sentence of at least ten years for kidnapping, armed robbery, rape, aggravated sodomy, aggravated sexual battery, and aggravated child molestation. Date: 1995-01-01 Tags: legal,policy,parole Sources: “Truth in Sentencing” in Georgia - [confirmed] Neal v. State: courts lack constitutional power to pardon or commute Neal v. State stated there is no provision in the constitution authorizing the courts of the State having criminal jurisdiction to exercise the powers to grant reprieves and pardons, commute penalties, or remit any part of a sentence. Date: 1898-05-24 Tags: legal,policy Sources: Neal v. State, Supreme Court of Georgia, 1898-05-24 (court record via CourtListener) - [confirmed] One-year jurisdictional window for sentence modification O.C.G.A. § 17-10-1(f)(1) provides that within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-6.1(c)(1): 30-year parole bar for first serious violent felony life sentence O.C.G.A. § 17-10-6.1(c)(1) provides that, except as otherwise provided in subsection (c) of Code Section 42-9-39, a person convicted for the first time of a serious violent felony and sentenced to life imprisonment shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until serving a minimum of 30 years in prison. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code) - [confirmed] Federal Second Look Act of 2026 introduced in House H.R. 8549, the Second Look Act of 2026, was introduced by Rep. Sydney Kamlager-Dove (D-CA-37) on 04/28/2026 and referred to the Committee on the Judiciary. Date: 2026-04-28 Tags: legal,policy,parole Sources: govinfo.gov: BILLS 119hr8549ih; congress.gov: 8549 - [reported] Colorado: Boyd court contrasted statutory provisions People v. Boyd (Colorado Court of Appeals, 2015) explained People v. Herrera and contrasted section 40-1-510(1)(f) with section 40-1-509. Date: 2015-08-13 Tags: legal,parole Sources: People v. Boyd, Colorado Court of Appeals, 2015-08-13 (court record via CourtListener) - [reported] Louisiana Esteen: illegal sentences remediable by district court resentencing The Louisiana Supreme Court, per curiam on supervisory writs, held that because three of relator's sentences exceeded what the later, retroactively applicable lenient penalty law allowed under La. R.S. 15:308(B), they were illegal and his remedy was resentencing in the district court on his motion to correct illegal sentences. It reversed the denial and remanded, rejecting State v. Dick to the extent Dick made parole-committee/risk-review application the only avenue. Date: 2018-01-30 Tags: legal,policy Sources: State Ex Rel. John Esteen v. State of Louisiana, 2018-01-30 (court record via CourtListener) - [confirmed] 1994 Act raised three-judge sentence review threshold to 12 years Section 10 of the 1994 Act amended O.C.G.A. § 17-10-6(a) to raise the sentence-length threshold for three-judge panel review from five or more years to 12 or more years, and to exclude cases involving a serious violent felony as defined in § 17-10-6.1(a). Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] 1994 constitutional amendment and Sentence Reform Act enactment The amendment to Georgia Constitution Art. IV, Sec. II, Para. II was proposed in 1994 Ga. Laws 2015-18 and approved in the November 1994 general election; the Sentence Reform Act of 1994 was passed as 1994 Ga. Laws 1959-72. Date: 1994-01-01 Tags: legal,parole,policy Sources: 95-4 | Office of the Attorney General - [confirmed] Georgia Supreme Court: court may correct only a void sentence at any time The Supreme Court of Georgia stated that a sentencing court retains jurisdiction to correct a void sentence at any time, and that the only ground for authorizing a trial court to correct a sentence at any time is that the sentence is void. Date: 2010-03-01 Tags: legal,policy Sources: Rooney v. State, Supreme Court of Georgia, 2010-03-01 (court record via CourtListener) - [confirmed] D.C. IRAA: mandatory sentence reduction for offenses before age 25 after 15 years D.C. Code § 24-403.03(a) provides that, notwithstanding any other provision of law, the court shall reduce a term of imprisonment imposed for an offense committed before the defendant's 25th birthday if the defendant was sentenced under § 24-403 or § 24-403.01 (or committed under § 24-903), has served at least 15 years in prison, and the court finds the defendant is not a danger and the interests of justice warrant a sentence modification. Tags: legal,policy,parole,reentry Sources: § 24–403.03. Modification of an imposed term of imprisonment for violations of law committed before 25 years of age. | D.C. Law Library - [confirmed] Barton v. State: courts cannot apply later sentence reduction; parole board may consider it The Court of Appeals of Georgia stated that while courts cannot apply a new law reducing the sentence for an offense, the General Assembly's reduction of punishment is evidence the punishment was formerly too severe and is a proper matter for the Pardon and Parole Board's consideration on a parole application. Date: 1950-06-20 Tags: legal,parole,policy Sources: Barton v. State, Court of Appeals of Georgia, 1950-06-20 (court record via CourtListener) - [confirmed] Murder first offense minimum: life with 25-year parole ineligibility GDC's report states the minimum sentence for a first offense of murder is life with no parole eligibility for 25 years, and a second offense of any of the 'seven deadly sins' gets life without possibility of parole. Tags: legal,parole Sources: “Truth in Sentencing” in Georgia - [confirmed] Neal v. State: suspended sentence words of no legal force The Supreme Court of Georgia in Neal v. State held that the words suspending a lawfully imposed sentence 'until further order of the court' were of no legal force and the sentence should be executed as if they did not appear. Date: 1898-05-24 Tags: legal,policy Sources: Neal v. State, Supreme Court of Georgia, 1898-05-24 (court record via CourtListener) - [confirmed] Petition for resentencing under § 17-10-22 O.C.G.A. § 17-10-1(f)(2)(A) provides that a person serving a sentence may submit a petition to the court requesting to be sentenced under Code Section 17-10-22 if the offense was committed before July 1, 2025, or the petition includes evidence that was not part of the record of the case at any sentencing hearing. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-6.1 legislative history O.C.G.A. § 17-10-6.1 was enacted by Ga. L. 1994, p. 1959, § 11, and amended by Ga. L. 1998, p. 180, § 2; Ga. L. 2006, p. 379, § 20/HB 1059; Ga. L. 2009, p. 64, § 1/SB 193; Ga. L. 2009, p. 223, § 3/SB 13; Ga. L. 2011, p. 752, § 17/HB 142; Ga. L. 2013, p. 222, § 8/HB 349; and Ga. L. 2014, p. 866, § 17/SB 340. Tags: legal,legislation,policy Sources: Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code) - [confirmed] Second Look Act purpose: federal court review of sentences over 10 years The bill would enable incarcerated persons to petition a federal court for a second look at sentences longer than 10 years where the person is not a danger to any person or the community and has shown readiness for reentry. Date: 2026-01-01 Tags: legal,policy,parole,reentry Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] Connecticut Sentence Review Act upheld against separation-of-powers challenge The Supreme Court of Connecticut held that the Connecticut Sentence Review Act (General Statutes §§ 51-194 through 51-197), which authorizes a sentence review division of Superior Court judges to let a defendant's original sentence stand, increase it, or decrease it, does not violate the separation of powers provision of the state constitution, and affirmed the act's constitutionality. Date: 1982-05-11 Tags: legal,policy Sources: State v. Nardini, 1982-05-11 (court record via CourtListener) - [reported] Louisiana Dick: risk review panel is exclusive remedy for retroactive leniency State v. Dick, 06-2223 (La. 1/26/07), 951 So.2d 124, 131, held that Section 308 of Title 15 of the Louisiana Revised Statutes does not authorize courts to resentence offenders after their sentences have become final, but rather provides an exclusive remedy of applying to the Louisiana Risk Review Panel. Tags: legal,policy Sources: State v. Evans, Louisiana Court of Appeal, 2008-10-31 (court record via CourtListener) - [confirmed] 1994 Act defined 'serious violent felony' in O.C.G.A. § 17-10-6.1 Section 11 of the 1994 Act added O.C.G.A. § 17-10-6.1, defining 'serious violent felony' to include murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery. Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] 1994 amendment ratification clause (b)(4) The 1994 constitutional amendment ratified by the people contains provision (b)(4): 'Any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.' Date: 1994-01-01 Tags: legal,parole,policy Sources: 95-4 | Office of the Attorney General - [confirmed] Ex parte Giles: Section 6.01(c) invaded Governor's clemency power but was severable Section 6.01(c) of the Texas Controlled Substances Act, which let defendants whose cases were pending on appeal elect resentencing under the Act's lighter penalties, operated as a commutation "after conviction." To that extent it unconstitutionally invaded the Governor's clemency power under Tex. Const. art. IV, § 11, though it was severable as to trials begun after the effective date. The mandamus application, treated as an application for habeas corpus, was denied. The court wrote: "We cannot reach any other conclusion except that the Legislature exceeded its power in enacting Section 6.01(c) of the Texas Controlled Substances Act insofar as it relates to criminal action pending on appeal on its effective date since it is violative of Article IV, Sec. 11 of our Constitution." Date: 1973-12-05 Tags: legal,policy Sources: Ex Parte Giles, 1973-12-05 (court record via CourtListener) - [confirmed] Georgia Supreme Court: legislature, not courts, sets sentences absent gross disproportionality Rejecting an Eighth Amendment challenge, the Supreme Court of Georgia quoted Campbell v. State for the proposition that it is traditionally the task of the legislature, not the courts, to define crimes and set the range of sentences, and that the legislature's choice of sentence is insulated from judicial review unless wholly irrational or grossly disproportionate to the severity of the crime. Date: 2010-03-01 Tags: legal,policy Sources: Rooney v. State, Supreme Court of Georgia, 2010-03-01 (court record via CourtListener) - [reported] Georgia Senate Judiciary Committee advances HB 582 unanimously A news report on the Georgia Senate Judiciary Committee's markup of House Bill 582 stated: "Senators voted unanimously to advance a committee substitute for House Bill 582, which allows courts to consider evidence that a defendant was subjected to family or dating violence when evaluating justification or mitigation and permits some convicted survivors to seek sentence reduction if they lacked earlier access to that evidence" Tags: legal,policy,legislation Sources: Committee unanimously backs bill to let survivors present previously undisclosed evidence of abuse in sentencing and resentencing | Citizen Portal - [confirmed] Barton v. State: sentence imposed under law in force at time of crime The trial court correctly charged the penalty (life imprisonment) in force when the sodomy was committed, despite a later act reducing the penalty, because crimes are punished under the law in force when committed; the conviction and denial of new trial were affirmed. Date: 1950-06-20 Tags: legal,policy Sources: Barton v. State, Court of Appeals of Georgia, 1950-06-20 (court record via CourtListener) - [confirmed] Recidivist statute excludes Seven Deadly Sins, has escalating penalties GDC's report states Georgia's recidivist statute applies to all felonies except the 'Seven Deadly Sins' and has escalating penalties. Tags: legal,policy Sources: “Truth in Sentencing” in Georgia - [confirmed] Norman v. Rehberg characterizes Neal as separation-of-powers holding The Court of Appeals of Georgia in Norman v. Rehberg described Neal v. State as holding that a court's attempt to suspend a sentence is an unwarranted interference with the powers, duties and functions of the executive. Date: 1913-05-20 Tags: legal Sources: Norman v. Rehberg, Court of Appeals of Georgia, 1913-05-20 (court record via CourtListener) - [confirmed] Presumption in favor of hearing on resentencing petition O.C.G.A. § 17-10-1(f)(2)(C) creates a presumption in favor of granting a hearing on such a petition unless the court determines there is a lack of circumstantial guarantees of trustworthiness, an inherent unreliability of the facts asserted, or a deficiency in the factual allegations in the petition, and if the court denies a hearing it must enter an order with written findings of fact. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-6.1(c)(4): Sentence served in entirety, no parole or earned time O.C.G.A. § 17-10-6.1(c)(4) provides that any sentence for a first conviction of a serious violent felony shall be served in its entirety as imposed and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles, or by earned time, early release, work release, leave, or other sentence-reducing measures administered by the Department of Corrections, except that during the final year of incarceration the offender shall be eligible for consideration for a transitional center or work release program. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code) - [confirmed] Second Look Act eligibility: imposed term more than 10 years Eligibility for a sentence-reduction motion requires that the imposed term of imprisonment was more than 10 years. Date: 2026-01-01 Tags: legal,policy,parole Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] Connecticut: resentencing court bound by review division's mandate On the State's appeal from a resentencing ordered by the sentence review division, the Supreme Court of Connecticut held the Sentence Review Act constitutional: it does not violate the separation of powers or the judicial article, and the resentencing court was bound by the division's mandate. No error. Date: 1982-05-11 Tags: legal Sources: State v. Nardini, 1982-05-11 (court record via CourtListener) - [reported] Prosecutors challenge SJA stay in Humphreys execution Prosecutors argued in an emergency motion filed in the Supreme Court of Georgia that a trial court judge erred in staying Stacey Humphreys' execution to hold a hearing under the Survivor Justice Act, after the trial court granted the stay on Sept. 15, two days after Humphreys filed his petition. Tags: legal,death,policy Sources: Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta - [reported] Louisiana Rogers: power to reduce punishment belongs to executive alone Rogers v. Terrell followed State v. Dick, in which the Louisiana Supreme Court held that the power to reduce punishment from a greater to a lesser sentence belongs to the executive branch alone. Date: 2009-10-27 Tags: legal,policy Sources: Rogers v. Terrell, Louisiana Court of Appeal, 2009-10-27 (court record via CourtListener) - [confirmed] Original § 17-10-6.1 set 25-year minimum for commuted death sentences As originally enacted, O.C.G.A. § 17-10-6.1 provided that a person convicted of a serious violent felony whose death sentence was commuted to life imprisonment would not be eligible for parole or early release until serving at least 25 years. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] O.C.G.A. § 42-8-66(f) carve-out for modifiable sentences O.C.G.A. § 42-8-66(f) provides that the retroactive first-offender exoneration and discharge petition procedure does not apply to a sentence that may be modified pursuant to subsection (f) of Code Section 17-10-1. Tags: legal,reentry,policy Sources: Official Code of Georgia Annotated § 42-8-66 (GPS's copy of the Code) - [confirmed] Texas Constitution: Governor's clemency power requires Board of Pardons and Paroles recommendation The Texas Constitution provides that in all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons. Tags: legal,policy Sources: Texas Constitution and Statutes - [confirmed] 1993 Act originally enacted O.C.G.A. § 17-10-16(a) sentencing options As originally enacted, Code Section 17-10-16(a) provided that a person convicted of an offense committed after the effective date of that Code section, for which the death penalty may be imposed, may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter. Date: 1993-01-01 Tags: legal,legislation,policy Sources: Ga. L. 1993, p. 1654 (Acts and resolutions of the General Assembly of the state of Georgia 1993 [volume 1]) - [reported] Georgia Constitution clemency clause grants Board of Pardons and Paroles broad sentence-remission power The Georgia Constitution's clemency clause gave the Board of Pardons and Paroles 'power to grant reprieves, pardons and parole's, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in' certain excepted cases. Tags: legal,parole,policy Sources: digitalcommons.law.uga.edu: viewcontent.cgi, viewcontent.cgi [2] - [confirmed] 1982 Georgia Constitution original pardon clause for innocence As ratified, Ga. Const. art. IV, § II, ¶ II(e) provided only that, notwithstanding any other provision of the Paragraph, the Board had authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime, without a medical-reprieve or elderly-parole clause. Date: 1982-01-01 Tags: legal,parole Sources: Constitution of the state of Georgia ratified, November 2, 1982, proclaimed, December 21, 1982 - Digital Library of Georgia - [confirmed] Manley v. State: parole guidelines only set eligibility date; grant/denial discretionary The Supreme Court of Georgia's Manley v. State opinion, quoting the special concurrence in Mikell v. State, stated that parole guidelines simply establish an initial date of eligibility for parole, and that the ultimate grant or denial of parole to an eligible prisoner remains a discretionary matter for the Board, citing Daker v. Ray, 275 Ga. 205, 206 (2002). Date: 2010-04-09 Tags: legal,parole Sources: Manley v. State, Supreme Court of Georgia, 2010-04-09 (court record via CourtListener) - [confirmed] Second prison conviction requires maximum sentence under recidivist statute GDC's report states that on the second prison conviction under the recidivist statute, the offender must be given the maximum possible sentence for that crime. Tags: legal,policy Sources: “Truth in Sentencing” in Georgia - [confirmed] Davis v. State (2017): court bound by Board's exclusive pardon power The Court of Appeals of Georgia in Davis v. State stated that the separation-of-powers doctrine does not permit the court to overturn or in any way disturb the Board's pardon, and that the court is bound by the Board's exercise of that exclusive executive power. Date: 2017-03-10 Tags: legal,parole Sources: Davis v. the State, Court of Appeals of Georgia, 2017-03-10 (court record via CourtListener) - [confirmed] Court order reducing sentence if criteria met O.C.G.A. § 17-10-1(f)(2)(E) provides that if the court determines the petitioner has met the criteria in subsection (b) of Code Section 17-10-22, the court shall enter an order reducing the defendant's sentence pursuant to subsection (c) of Code Section 17-10-22, and if the criteria are not met, the court shall dismiss the petition without prejudice with written findings of fact. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-6.1(b): Mandatory minimums for serious violent felonies cannot be suspended O.C.G.A. § 17-10-6.1(b)(1) and (b)(2) provide that no portion of the mandatory minimum sentences for armed robbery, kidnapping of a victim 14 or older, kidnapping of a victim under 14, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery shall be suspended, stayed, probated, deferred, or withheld by the sentencing court. Kidnapping (victim 14+) and armed robbery carry a 10-year mandatory minimum; the other listed offenses carry a 25-year mandatory minimum followed by life probation unless sentenced to life imprisonment. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code) - [confirmed] Second Look Act eligibility: at least 10 years served Eligibility for a sentence-reduction motion requires that the defendant has served not less than 10 years in custody for the offense. Date: 2026-01-01 Tags: legal,policy,parole Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] Parole board sole authority to commute death sentence in Georgia In Georgia, the State Board of Pardons and Paroles is the only authority that can commute a death sentence or grant clemency in a capital case. Tags: legal,parole,death Sources: Official Code of Georgia Annotated § 42-9-42 (GPS's copy of the Code); Judge halts Ga. execution to allow hearing for condemned man under new survivor justice law - [reported] Connecticut: governor lacks pardon power; Board of Pardons and Paroles holds commutation power by statute Connecticut's constitution does not grant the Governor power to grant pardons; it grants the Governor only limited power to grant reprieves after conviction, in all cases except those of impeachment, until the end of the next session of the General Assembly and no longer, while the Board of Pardons and Paroles holds the broader commutation and pardon power by statute. Tags: legal,parole Sources: Board of Pardons and Paroles and Commutations - [reported] Prosecutors argue SJA does not apply to capital sentences The State's prosecutors argued the Survivor Justice Act was designed to protect defendants whose offenses were committed against their actual abusers, and that the act does not apply to capital sentences or override mandatory jury death-penalty decisions under state law. Tags: legal,death,policy Sources: Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta - [reported] Louisiana Howard: defendant entitled to relief under Esteen and La. R.S. 15:308 In State of Louisiana v. Fred Howard, Jr., the Louisiana Court of Appeal followed State ex rel. Esteen v. State and La. R.S. 15:308, indicating the defendant was entitled to relief. Date: 2020-01-15 Tags: legal Sources: State of Louisiana v. Fred Howard, Jr., Louisiana Court of Appeal, 2020-01-15 (court record via CourtListener) - [confirmed] Original § 17-10-7(b) mandated life without parole for repeat serious violent felons As originally enacted, O.C.G.A. § 17-10-7(b) required that a person convicted of a serious violent felony who subsequently commits and is convicted of another serious violent felony (not sentenced to death) be sentenced to life without parole, not suspended, stayed, probated, deferred, or withheld, and ineligible for pardon, parole, early release, or sentence-reducing measures. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Texas Constitution Sec. 11: Board of Pardons and Paroles and clemency powers Texas's Constitution gives the Governor power, after conviction and on written recommendation of the Board of Pardons and Paroles, to grant reprieves, commutations of punishment and pardons in criminal cases except treason and impeachment. Section 11 also requires the Legislature to establish a Board of Pardons and Paroles by law and to require it to keep a record of its actions and the reasons for its actions. Tags: legal,policy Sources: Texas Constitution and Statutes - [confirmed] 1993 Act originally enacted O.C.G.A. § 17-10-30.1(a) life-without-parole provision As originally enacted, Code Section 17-10-30.1(a) provided that imprisonment for life without parole can be imposed in any murder case in which there is found by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30. Date: 1993-01-01 Tags: legal,legislation,policy Sources: Ga. L. 1993, p. 1654 (Acts and resolutions of the General Assembly of the state of Georgia 1993 [volume 1]) - [reported] Charron construed § 42-9-45(b) as precatory to avoid constitutional invalidation In Charron v. State Board of Pardons & Paroles, 253 Ga. 274, 319 S.E.2d 453 (1984), the Georgia Supreme Court construed § 42-9-45(b) as precatory rather than mandatory, thus avoiding its invalidation on state constitutional grounds, as explained in Hammond v. Hall (11th Cir. 2009). Date: 1984-01-01 Tags: legal,parole,policy Sources: Hammond v. Hall, Court of Appeals for the Eleventh Circuit, 2009-11-04 (court record via CourtListener) - [confirmed] 1982 Georgia Constitution original limits on parole for repeat lifers Ga. Const. art. IV, § II, ¶ II(c), as originally ratified, provided that, notwithstanding subparagraph (b), the General Assembly by law may prohibit the board from granting and may prescribe terms and conditions for granting a pardon or parole to a person incarcerated for a second or subsequent time for an offense for which the person could have been sentenced to life imprisonment, and to a person who has received consecutive life sentences from the same series of acts. Date: 1982-01-01 Tags: legal,parole Sources: Constitution of the state of Georgia ratified, November 2, 1982, proclaimed, December 21, 1982 - Digital Library of Georgia - [confirmed] Manley v. State: parole eligibility analysis requires looking beyond charged offenses The Supreme Court of Georgia's Manley v. State opinion, quoting a special concurrence it reproduced, stated that determining parole eligibility often requires looking beyond the terms of the charged offenses because the Board of Pardons and Paroles is independent of the district attorneys and generally has broad discretion to grant or deny parole, as correctly noted in Hewitt v. State, 277 Ga. 327 (2003). Date: 2010-04-09 Tags: legal,parole Sources: Manley v. State, Supreme Court of Georgia, 2010-04-09 (court record via CourtListener) - [confirmed] Ballard: no hearing required absent prosecutor consent to first-offender petition The Supreme Court of Georgia held that a petition for retroactive first-offender treatment under O.C.G.A. § 42-8-66 is "properly denied without the need for a hearing" if "the prosecuting attorney . . . did not consent to the filing of the petition." Date: 2025-04-08 Tags: legal,policy Sources: Ballard v. State, Supreme Court of Georgia, 2025-04-08 (court record via CourtListener) - [confirmed] Georgia Survivor Justice Act sponsors The bill's sponsors are listed as Holcomb, Scott (101st) and Blackmon, Shaw (146th). Date: 2025-01-01 Tags: legal,legislation Sources: Georgia General Assembly, 71938 - [reported] Glover v. State follows von Thomas on void-sentence claims Michael Anthony Glover v. State (Court of Appeals of Georgia, 2026) followed von Thomas v. State regarding a cognizable claim that a sentence was void. Date: 2026-01-07 Tags: legal Sources: Michael Anthony Glover v. State, Court of Appeals of Georgia, 2026-01-07 (court record via CourtListener) - [confirmed] Notice and hearing required before sentence modification O.C.G.A. § 17-10-1(f)(1) provides that any order modifying a sentence which is entered without notice and an opportunity for a hearing to the prosecuting attorney as provided in that subsection shall be void. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] Gray v. State: Modification order entered more than one year after sentencing is void The Georgia Court of Appeals held in Mark Gray v. State (2019-08-26) that a sentencing court's order modifying (reducing) a defendant's sentence, entered more than one year after the original sentencing and outside the time limits of OCGA § 17-10-1(f), was itself void for lack of jurisdiction, and the original sentencing judge was authorized to vacate that void modification order and reinstate the original sentence. Date: 2019-08-26 Tags: legal,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Second Look Act public-safety standard The proposed federal resentencing standard requires that the defendant is not a danger to the safety of any person or the community. Date: 2026-01-01 Tags: legal,policy,parole Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] State v. Hart: no power to modify valid sentence after term expires The Georgia Court of Appeals held in State v. Hart that, except as provided by statute, a sentencing court has no power to modify a valid sentence of imprisonment after the term of court in which it was imposed has expired. Date: 2003-08-28 Tags: legal,policy Sources: State v. Hart, Court of Appeals of Georgia, 2003-08-28 (court record via CourtListener) - [reported] Connecticut: McCoy followed Nardini State v. McCoy (Supreme Court of Connecticut, 2019) followed State v. Nardini. Date: 2019-05-07 Tags: legal Sources: State v. McCoy, Supreme Court of Connecticut, 2019-05-07 (court record via CourtListener) - [reported] Novel legal issues in Humphreys SJA case The Cobb County trial court's order highlighted two novel legal issues: whether the Survivor Justice Act applies to a jury-sentenced death row inmate who does not claim the crime was committed against an abuser, and whether the law can be reconciled with state statutes mandating death sentences after jury recommendations. Tags: legal,death,policy Sources: Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta - [reported] Louisiana Sewell: Esteen limited, no reconsideration of certain matters In State of Louisiana v. Antonio Sewell, the Louisiana Court of Appeal explained that State ex rel. Esteen v. State was limited and did not include reconsideration of certain matters. Date: 2020-11-18 Tags: legal Sources: State of Louisiana v. Antonio Sewell, Louisiana Court of Appeal, 2020-11-18 (court record via CourtListener) - [confirmed] 1994 Act contingent on ratification of constitutional amendment The 1994 Act provided it would become effective January 1, 1995, only upon voter ratification at the November 1994 general election of a proposed amendment to Article IV, Section II, Paragraph II of the Georgia Constitution authorizing mandatory minimum sentences, life without parole, and restrictions on the Board of Pardons and Paroles' parole authority; if not ratified, the Act would be null and void. Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Gilderbloom v. State: judicial commutation proviso unconstitutional The Texas Court of Criminal Appeals in Gilderbloom v. State, on rehearing, held unconstitutional and inoperative a statutory proviso letting the presiding judge commute a mandatory jail sentence to probation, while upholding the remainder of the act. The court stated: "We hold that the proviso which authorizes commutation of the jail sentence is unconstitutional and inoperative but that the remainder of the act is valid." Date: 1954-05-05 Tags: legal,policy Sources: Gilderbloom v. State, 1954-05-05 (court record via CourtListener) - [confirmed] 1993 Act caption and scope: life without parole The Act was captioned "CRIMINAL PROCEDURE--IMPOSITION OF SENTENCE OF LIFE WITHOUT PAROLE," amending Code Sections 17-10-1 and 17-10-2 and enacting Code Sections 17-10-16, 17-10-30.1, 17-10-31.1, and 17-10-32.1, to amend Chapter 10 of Title 17 so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances. Date: 1993-01-01 Tags: legal,legislation,policy Sources: Ga. L. 1993, p. 1654 (Acts and resolutions of the General Assembly of the state of Georgia 1993 [volume 1]) - [reported] Freeman upheld statute making certain crimes life without parole as not violating Board's constitutional authority Freeman v. State, 264 Ga. 27, 440 S.E.2d 181 (1994) held that a statute declaring certain crimes carry a life sentence without parole does not violate the constitutional authority of the Board of Pardons and Paroles because the statute 'renders the defendant ineligible for parole in the first instance,' as explained in Metheny v. Hammonds (11th Cir. 2000). Date: 1994-01-01 Tags: legal,parole,policy Sources: Willis Metheny v. Garfield Hammonds, Jr., Court of Appeals for the Eleventh Circuit, 2000-07-07 (court record via CourtListener) - [confirmed] O.C.G.A. § 42-9-2 statutory history O.C.G.A. § 42-9-2's history line shows the Creation of Board statute tracing to Ga. L. 1943, p. 185, § 1, with later amendments at Ga. L. 1972, p. 1069, § 12; Ga. L. 1973, p. 157, § 1; Ga. L. 1983, p. 500, § 2; Ga. L. 1985, p. 283, § 1; and Ga. L. 1999, p. 867, § 1. Tags: legal,parole Sources: Official Code of Georgia Annotated § 42-9-2 (GPS's copy of the Code) - [confirmed] Gray: OCGA § 17-10-1(f) does not override common-law extension rule On certiorari, the Supreme Court of Georgia held that OCGA § 17-10-1(f) does not override the common-law rule that a motion to modify filed within the allowed period extends the court's power to rule on it, so the Court of Appeals erred in holding the trial court lacked jurisdiction; it reversed and remanded. Date: 2020-10-19 Tags: legal,policy Sources: Gray v. State, Supreme Court of Georgia, 2020-10-19 (court record via CourtListener) - [confirmed] Survivor Justice Act stalled after House Second Readers The bill's status history shows no action beyond House Second Readers, dated 04/04/2025, with no votes recorded. Date: 2025-04-04 Tags: legal,legislation Sources: Georgia General Assembly, 71938 - [reported] Marty Allen v. State cites von Thomas on statutory punishment Marty Allen v. State (Court of Appeals of Georgia, 2026) followed von Thomas v. State on the applicable penal statute defining punishment. Date: 2026-10-29 Tags: legal Sources: Marty Allen v. State, Court of Appeals of Georgia, 2026-10-29 (court record via CourtListener) - [confirmed] Time periods for filing motion not binding on court O.C.G.A. § 17-10-1(f)(1) requires the defendant to file a motion to correct or reduce a sentence within one year of sentencing or within 120 days after the court receives the remittitur after direct appeal, but the court is not constrained to issue its order or hear the matter within such time periods, and must give the prosecuting attorney notice and an opportunity for a hearing before entering any order correcting, reducing, or modifying a sentence. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code) - [confirmed] Gray v. State: 1950-1992 no judicial authority to modify sentences after term of court The Georgia Court of Appeals' opinion in Gray v. State states that from 1950 to 1992, the Georgia Code provided that judges had 'no authority' to modify sentences after the term of court in which the sentence was rendered. Tags: legal,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Second Look Act notice requirement: 30 days The bill requires the Bureau of Prisons to provide notice not later than 30 days after the date on which a milestone year of imprisonment begins. Date: 2026-01-01 Tags: legal,policy,parole Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] State v. Hart: inherent power to conform recorded sentence survives OCGA 17-10-1(f) In State v. Hart, the Georgia Court of Appeals held that the sentencing court's inherent power to correct or conform an erroneous recording of the court's intended sentence was not altered or superseded by the enactment of OCGA § 17-10-1(f) governing the one-year/120-day window to correct or reduce a sentence. Date: 2003-08-28 Tags: legal Sources: State v. Hart, Court of Appeals of Georgia, 2003-08-28 (court record via CourtListener) - [reported] Connecticut: Donald v. Commissioner followed Nardini Donald v. Commissioner of Correction (Connecticut Appellate Court, 2022) followed State v. Nardini. Date: 2022-10-18 Tags: legal Sources: Donald v. Commissioner of Correction, Connecticut Appellate Court, 2022-10-18 (court record via CourtListener) - [confirmed] Maryland Constitution Art. II § 20: Governor's pardon and reprieve power Maryland Constitution Article II, Section 20 provides that the Governor shall have power to grant reprieves and pardons, except in cases of impeachment and in cases in which he is prohibited by other Articles of the Constitution, and to remit fines and forfeitures for offences against the State. Tags: legal,policy Sources: Maryland Constitution - Article II - Executive Department - [confirmed] 1994 constitutional amendment resolution approved April 20, 1994 The resolution proposing the 1994 constitutional amendment (Ga. L. 1994, pp. 2016-2018) was approved April 20, 1994. Date: 1994-04-20 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Gilderbloom v. State: commutation power vested in Governor on Board recommendation Gilderbloom v. State reasoned that if the statute's language means commutation, it violates the Texas Constitution, which vests the power to grant commutations in the Governor on recommendation of the Board of Pardons and Paroles. The court wrote: "If the quoted language of the amending statute means commutation, the provision is in violation of the Constitution, which vests the power to grant reprieves and commutations of punishment and pardons in the Governor, on recommendation of the Board of Pardons and Paroles." Date: 1954-05-05 Tags: legal,policy Sources: Gilderbloom v. State, 1954-05-05 (court record via CourtListener) - [confirmed] Court of Appeals: court-imposed parole conditions are a nullity The Court of Appeals of Georgia held that an attempt by a court to impose its will over the Executive Department, by imposing as part of a criminal sentence conditions that are a prerequisite of or become automatically effective upon a subsequent parole by the State Board of Pardons and Paroles, would be a nullity and an exercise of power granted exclusively to the Executive. Date: 1993-03-08 Tags: legal,parole,policy Sources: Stephens v. State, Court of Appeals of Georgia, 1993-03-08 (court record via CourtListener) - [reported] Hart v. Hodges: indeterminate second state sentence void under Georgia law In Hart v. Hodges (11th Cir. 2009), the court explained State v. Hart (Ga. App.): the state trial court's second state sentence, stating that Hart would serve no additional time in a state prison after his federal release, was void because it was for an indeterminate period of time, in violation of Georgia law. Date: 2009-01-01 Tags: legal,policy Sources: Hart v. Hodges, Court of Appeals for the Eleventh Circuit, 2009-11-17 (court record via CourtListener) - [confirmed] 1943 Act creating State Board of Pardons and Paroles The Act creating the State Board of Pardons and Paroles (No. 19) provided that the power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles. Date: 1943-01-01 Tags: legal,parole Sources: Ga. L. 1943, p. 185 (Acts and resolutions of the General Assembly of the state of Georgia 1943 [volume 1]) - [confirmed] Gray: one-year window to correct or reduce sentence under OCGA § 17-10-1(f) The Supreme Court of Georgia, quoting the current version of OCGA § 17-10-1(f) enacted in 2001, stated that within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Date: 2001-01-01 Tags: legal,policy Sources: Gray v. State, Supreme Court of Georgia, 2020-10-19 (court record via CourtListener) - [reported] Quantavious Jackson v. State follows von Thomas on unlawful-conviction claims Quantavious Jackson v. State (Court of Appeals of Georgia, 2026) followed von Thomas v. State, which held that a claim that a conviction was unlawful must be asserted through the proper procedural channel. Date: 2026-02-26 Tags: legal Sources: Quantavious Jackson v. State, Court of Appeals of Georgia, 2026-02-26 (court record via CourtListener) - [confirmed] Evidence of family violence at sentencing O.C.G.A. § 17-10-22(a) allows a defendant at sentencing to present evidence that he or she was subjected to acts of family violence, dating violence, or child abuse and that such acts were a significant contributing factor for the offense, with specified categories of evidence (hearsay, character evidence, evidence of seeking law enforcement or counseling assistance, prior statements, expert testimony, etc.) made admissible notwithstanding the rules of evidence. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] 1950 former Code § 27-2502 barred judges from modifying sentences In 1950, former Code § 27-2502 provided that 'judges shall have no authority to suspend and probate the sentences of said prisoners by modifying sentences,' per Ga. L. 1950, p. 352, § 3A, as recited by the Court of Appeals of Georgia in Gray v. State. Date: 1950-01-01 Tags: legal,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Second Look Act cosponsors The bill was introduced by Ms. Kamlager-Dove for herself and eight cosponsors: Mrs. McIver, Ms. Velázquez, Ms. Tlaib, Mr. Johnson of Georgia, Mr. Jackson of Illinois, Ms. Simon, Mr. Cohen, and Mr. Thanedar. Date: 2026-04-28 Tags: legal,policy Sources: govinfo.gov: BILLS 119hr8549ih - [confirmed] Florida: clemency power reposes exclusively in the Chief Executive The Florida Supreme Court held in Sullivan v. Askew that the clemency power under Article IV, Section 8 of the Florida Constitution reposes exclusively in the Chief Executive, and that this Court has previously held that the legislature cannot exercise the pardoning power. Date: 1977-06-30 Tags: legal Sources: Sullivan v. Askew, 1977-06-30 (court record via CourtListener) - [confirmed] Maryland Crim. Proc. § 8-110(a)(3): 20-year imprisonment threshold Maryland Crim. Proc. § 8-110(a)(3) states that the statute applies only to an individual who, in addition to having been convicted for an offense committed as a minor before October 1, 2021, has been imprisoned for at least 20 years for the offense. Date: 2021-10-01 Tags: legal,policy Sources: mdcourts.gov: 28a24; Maryland Code, Criminal Procedure § 8-110 | FindLaw - [confirmed] 1994 Act titled Sentence Reform Act of 1994 Section 1 of the 1994 Act (Ga. L. 1994, p. 1959) provides that the Act may be cited as the Sentence Reform Act of 1994; Section 2 states legislative findings that persons convicted of certain serious violent felonies shall serve minimum terms not suspended, probated, stayed, deferred, or withheld, and that such sentences shall be served in their entirety without reduction by parole or sentence-reducing measures. Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [reported] O.C.G.A. § 17-10-22(b)(2): petition must be granted if in interests of justice and prosecution consents Under O.C.G.A. § 17-10-22(b)(2) (printed in the source as '1710-22(b)(2)'), the petition must be granted if it is in the interests of justice and consented to by the prosecution. Tags: legal,policy,parole Sources: Survivor Justice Act - [confirmed] Herrera v. State followed Ex parte Giles Herrera v. State (Tex. Crim. App. 1974) followed Ex parte Giles, denying relief "in view of our holdings that such provision is unconstitutional. Ex parte Giles, Tex.Cr.App., 502 S.W.2d 774." Date: 1974-07-24 Tags: legal Sources: Herrera v. State, Court of Criminal Appeals of Texas, 1974-07-24 (court record via CourtListener) - [reported] Pennsylvania: commutation power is adjunct of pardoning power reserved to pardoning authority Commonwealth v. Sutley, 474 Pa. 256, 273-74, 274 n.12, 378 A.2d 780 (1977) held that 'The power of commutation is an adjunct of the pardoning power, and can be granted only by the authority in which the pardoning power resides,' as explained in Pa Prison Society v. Cortes (3d Cir. 2010). Date: 1977-01-01 Tags: legal,parole,policy Sources: Pa Prison Society v. Cortes, Court of Appeals for the Third Circuit, 2010-10-01 (court record via CourtListener) - [confirmed] Gray: 1950 statute barred sentence modification after prison entry The Supreme Court of Georgia stated that under a 1950 version of the statute, after prisoners entered upon service in Georgia's penal institutions, superior court judges had no authority to suspend and probate the sentences of said prisoners by modifying sentences. Date: 1950-01-01 Tags: legal,policy Sources: Gray v. State, Supreme Court of Georgia, 2020-10-19 (court record via CourtListener) - [confirmed] Perez v. State: OCGA § 42-9-46 allows early parole consideration Perez v. State (Court of Appeals of Georgia, 2002) explained Charron v. State Board of Pardons & Paroles and noted that OCGA § 42-9-46 authorizes the Parole Board to consider an inmate for parole before the inmate has served the minimum time specified in § 42-9-45. Date: 2002-03-27 Tags: legal,parole Sources: Perez v. State, Court of Appeals of Georgia, 2002-03-27 (court record via CourtListener) - [confirmed] Court must impose reduced sentence upon finding of abuse O.C.G.A. § 17-10-22(b) requires the court to impose a sentence under subsection (c) if it finds by a preponderance of the evidence that the defendant was subjected to family violence, dating violence, or child abuse that was a significant contributing factor to the offense (paragraph (1)), or, under paragraph (2), that the best interest of justice and welfare of society would be served, but a finding under paragraph (2) shall only be entered with the consent of the state. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] 2001 enactment of OCGA § 17-10-1(f) reintroduced post-term modification with 'jurisdiction' language Gray v. State states that 'in 2001, the legislature enacted OCGA § 17-10-1 (f), in its current form, thereby reintroducing a rule allowing modification of sentences after the term of court, but using the word "jurisdiction" for the first time in connection with the trial court's authority,' citing Ga. L. 2001, p. 94, § 5. Date: 2001-01-01 Tags: legal,legislation,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Kirby v. State: Alabama retroactive HFOA resentencing upheld The Alabama Supreme Court held that Section 13A-5-9.1, directing retroactive application of the Habitual Felony Offender Act amendment so a sentencing judge may resentence certain nonviolent habitual offenders, does not confer judicial power to grant parole and does not violate separation of powers. Date: 2004-08-27 Tags: legal,parole,policy Sources: Kirby v. State, 2004-08-27 (court record via CourtListener) - [confirmed] von Thomas: one-year limit on modifying prison sentences; void sentences vacatable anytime The Supreme Court of Georgia held in von Thomas v. State that when a sentencing court has imposed a sentence of imprisonment, the sentencing court generally has jurisdiction to modify or vacate such a sentence only for one year following imposition under OCGA § 17-10-1(f), but a sentencing court has jurisdiction to vacate a void sentence at any time. Date: 2013-09-09 Tags: legal,policy Sources: von Thomas v. State, 2013-09-09 (court record via CourtListener) - [confirmed] Florida: separation-of-powers bar on clemency encroachment applies to judiciary The Florida Supreme Court in Sullivan v. Askew held that the prohibition against legislative encroachment upon the executive's clemency power under Article II, Section 3 of the Florida Constitution is equally applicable to the judiciary, and that in Ex parte White this Court declared a legislative enactment unconstitutional and void as being in conflict with and in derogation of the constitutionally established executive power of clemency. Date: 1977-06-30 Tags: legal Sources: Sullivan v. Askew, 1977-06-30 (court record via CourtListener) - [confirmed] 1974 law ended judge's power to modify sentence after term The judge's power to suspend, probate, modify, or change a sentence ended after the term of court at which the sentence was imposed, except as otherwise provided. Date: 1974-01-01 Tags: legal,policy Sources: Ga. L. 1974, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1974 [volume 1]) - [confirmed] Maryland Crim. Proc. § 8-110 full eligibility criteria Maryland's Crim. Proc. § 8-110 applies only to an individual who: (1) was convicted as an adult for an offense committed when the individual was a minor; (2) was sentenced for the offense before October 1, 2021; and (3) has been imprisoned for at least 20 years for the offense. Date: 2021-10-01 Tags: legal,policy Sources: Maryland Code, Criminal Procedure § 8-110 | FindLaw - [confirmed] Proposed constitutional text on commuted death sentences and mandatory minimums The proposed constitutional amendment text (b)(1) barred the Board from granting pardon or parole until 25 years served when a death sentence is commuted to life; (b)(2) authorized the General Assembly, by two-thirds roll-call vote, to provide mandatory minimum and full-service sentences for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery, barring Board consideration for pardon, parole, or commutation during that portion. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [reported] O.C.G.A. § 17-10-1(g)(2) allows resentencing under § 17-10-22(b) O.C.G.A. § 17-10-1(g)(2) allows a resentencing under O.C.G.A. § 17-10-22(b); if the state consents, the requirements of § 17-10-22(b) are met as long as the petition demonstrates resentencing should be granted in the interests of justice. Tags: legal,policy,parole Sources: Survivor Justice Act - [confirmed] Enrique Martinez v. State explained Ex parte Giles as barring retroactive sentencing guidelines Enrique Martinez v. State (Tex. App., El Paso 2016) explained Ex parte Giles as holding that "the Court of Criminal Appeals concluded the Legislature improperly usurped the executive branch's power to grant clemency when it expressly directed that new sentencing guidelines in the Texas Controlled Substances Act (which reduced the sentences that could be imposed on certain drug offenders) were to be applied retroactively to those defendants who had already been convicted and who had cases pending on appeal." Date: 2016-11-16 Tags: legal Sources: Enrique Martinez v. State, Texas Court of Appeals, 8th District (El Paso), 2016-11-16 (court record via CourtListener) - [confirmed] O.C.G.A. § 42-9-1: parole board powers are executive; no other body may usurp O.C.G.A. § 42-9-1 provides that, in recognition of the constitutional doctrine requiring the three branches of government to be separate, it is the policy of the General Assembly that the duties, powers, and functions of the State Board of Pardons and Paroles are executive in character and that no other body is authorized to usurp or substitute its functions for the functions imposed upon the board. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 42-9-1 (GPS's copy of the Code) - [confirmed] 1943 Act established three-member Board The Act provided: "There shall be a State Board of Pardons and Paroles, which shall consist of three members appointed by the Governor, subject to the confirmation of the Senate." Date: 1943-01-01 Tags: legal,parole Sources: Ga. L. 1943, p. 185 (Acts and resolutions of the General Assembly of the state of Georgia 1943 [volume 1]) - [confirmed] Williams v. State: denial of void-sentence motion directly appealable as of right The Supreme Court of Georgia held that a convicted defendant whose conviction had been affirmed on direct appeal has a right to directly appeal the denial of a motion to correct an allegedly void sentence, overruling Taylor v. State to the extent inconsistent. Date: 1999-11-15 Tags: legal Sources: Williams v. State, Supreme Court of Georgia, 1999-11-15 (court record via CourtListener) - [confirmed] Gray: 1986 statute limited modification to term of court or 60 days The Supreme Court of Georgia stated that prior to the current OCGA § 17-10-1(f), a version of the statute enacted at Ga. L. 1986, p. 842, § 1, provided that after the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, the judge shall have no authority to suspend, probate, modify, or change the sentence of the defendant. Date: 1986-01-01 Tags: legal,policy Sources: Gray v. State, Supreme Court of Georgia, 2020-10-19 (court record via CourtListener) - [confirmed] 1964 Act barred sentence modification after term of court Former Code Section 27-2502 provided that after the term of court at which sentence is imposed, the superior court judges shall have no authority to suspend, probate, modify or change the sentences of said prisoners except as otherwise provided. Date: 1964-01-01 Tags: legal,policy Sources: Ga. L. 1964, p. 483 (Acts and resolutions of the General Assembly of the state of Georgia 1964 [volume 1]) - [confirmed] Jones v. Georgia State Board of Pardons and Paroles: Charron construed provision as precatory Jones v. Georgia State Board of Pardons and Paroles (11th Cir. 1995) explained Charron v. State Board of Pardons & Paroles, in which the Georgia Supreme Court construed a parole provision as precatory rather than mandatory, avoiding its invalidation on state constitutional grounds. Date: 1995-07-28 Tags: legal,parole Sources: James Huston Jones, and All Others Similarly Situated v. Georgia State Board of Pardons and Paroles, Court of Appeals for the Eleventh Circuit, 1995-07-28 (court record via CourtListener) - [confirmed] Reduced sentence for death or life imprisonment offenses O.C.G.A. § 17-10-22(c)(1) provides that upon a finding under subsection (b), a person convicted of a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than ten years nor more than 30 years, with the judge able to depart below that mandatory minimum if the prosecuting attorney and defendant agree, and the sentence may be reduced by parole, early release, or other sentence-reducing measures. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] Gray v. State: statutory rule removed from Code through 2001, leaving common law Gray v. State states, describing the history of OCGA § 17-10-1(f)'s predecessor, that 'continuing through 2001, the legislature completely removed the statutory rule from the Code, meaning that only the common law rule applied during those years.' Tags: legal,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Kirby v. State: trial court had jurisdiction, statute constitutional The Alabama Supreme Court reversed the trial court's declaration that § 13A-5-9.1 was unconstitutional, holding the trial court had jurisdiction to hear Kirby's motion to reconsider his HFOA sentence and remanding for consideration of the motion. Date: 2004-08-27 Tags: legal,parole Sources: Kirby v. State, 2004-08-27 (court record via CourtListener) - [confirmed] Florida Constitution Article IV, Section 8(a): clemency powers Article IV, Section 8(a) of the Florida Constitution provides that the governor may, with the approval of three members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses. Tags: legal Sources: Sullivan v. Askew, 1977-06-30 (court record via CourtListener) - [confirmed] 1974 sentence review panel for sentences of 5+ years The provision enacting Code section 27-2511.1 ("Review of Sentences") provided that in any case, except cases in which the death penalty is imposed, in which a sentence of five or more years, or several consecutive sentences which total five or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have such sentence or sentences reviewed by a panel of three superior court judges, for the determination of excessive harshness in the sentence. Date: 1974-01-01 Tags: legal,policy Sources: Ga. L. 1974, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1974 [volume 1]) - [confirmed] Proposed constitutional text on life without parole and ratification of prior laws The proposed amendment text (b)(3) authorized the General Assembly, by two-thirds roll-call vote, to impose life without parole for murder and for repeat serious violent felons, barring Board consideration for pardon, parole, or commutation; (b)(4) ratified and approved prior general laws providing for life without parole or mandatory service without suspension, probation, or parole, subject to amendment or repeal by general law. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Charron: independent Board of Pardons and Paroles envisioned under State Constitution The Supreme Court of Georgia stated it did not disagree that an independent Board of Pardons and Paroles is envisioned under the State Constitution. Date: 1984-01-01 Tags: legal,parole Sources: Charron v. State Board of Pardons & Paroles, Supreme Court of Georgia, 1984-09-06 (court record via CourtListener) - [confirmed] 1943 Act majority vote for clemency except capital cases The Act provided that "[i]n all cases of clemency, pardons and paroles, a majority vote of the members is sufficient for approval, except in cases involving capital punishment, and in such cases a unanimous vote of all members of the Board is necessary." Date: 1943-01-01 Tags: legal,parole Sources: Ga. L. 1943, p. 185 (Acts and resolutions of the General Assembly of the state of Georgia 1943 [volume 1]) - [confirmed] Williams v. State: failure to hold presentence hearing does not render sentence void The Supreme Court of Georgia held that a trial court's failure to conduct a presentence hearing under OCGA § 17-10-2 in a non-death penalty case does not render a sentence void, so the sentence was not subject to correction at any time on that ground. Date: 1999-11-15 Tags: legal Sources: Williams v. State, Supreme Court of Georgia, 1999-11-15 (court record via CourtListener) - [confirmed] White: prosecutorial consent is threshold requirement for § 42-8-66 petition In White v. State, the Supreme Court of Georgia held that where the prosecuting attorney of the county where the defendant was convicted did not consent to the filing of a retroactive first-offender petition, and the defendant made no showing to the contrary, the trial court did not err in denying the petition without a hearing. Date: 2017-09-13 Tags: legal,policy Sources: White v. State, Supreme Court of Georgia, 2017-09-13 (court record via CourtListener) - [confirmed] Term-of-court limit originates in 1964 Act The 'term of court' limit Gray v. State describes first appears in the 1964 Act (Ga. L. 1964, p. 483), which repealed and replaced former Code § 27-2502. It provided that 'after the term of court at which sentence is imposed the superior court judges shall have no authority to suspend, probate, modify or change the sentences of said prisoners except as otherwise provided.' In the stored text the proviso is attached to the sentence on pleas of guilty. Date: 1964-01-01 Tags: legal,policy Sources: Ga. L. 1964, p. 483 (Acts and resolutions of the General Assembly of the state of Georgia 1964 [volume 1]) - [reported] Parrott v. State follows Humphrey on vacating void provisions Parrott v. State (Supreme Court of Georgia, 2021) followed Humphrey v. State, which held that a void provision 'must be vacated.' Date: 2021-10-05 Tags: legal Sources: Parrott v. State, Supreme Court of Georgia, 2021-10-05 (court record via CourtListener) - [confirmed] Reduced sentence for other felonies O.C.G.A. § 17-10-22(c)(2) provides that a person convicted of a felony other than one punishable by death or life imprisonment shall, upon a finding under subsection (b), be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced, by one-half the maximum fine to which he or she could have been subjected, or both. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] Gray v. State: trial court lost jurisdiction one year after sentencing despite timely motion The Court of Appeals affirmed the original judge's sua sponte order reinstating Gray's original sentence, holding that under OCGA § 17-10-1(f) the trial court lost jurisdiction to reduce the sentence one year after sentencing even though the motion to modify was filed within that year, so the later Modification Order was void. Date: 2019-08-26 Tags: legal,policy Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Holt v. State bound by Kirby on violent-offense reconsideration The Alabama Court of Criminal Appeals in Holt v. State stated it was bound to follow Kirby and could not create a bright-line rule precluding any inmate convicted of a statutorily defined violent offense from sentence reconsideration under § 13A-5-9.1. Date: 2006-03-03 Tags: legal,parole Sources: Holt v. State, Court of Criminal Appeals of Alabama, 2006-03-03 (court record via CourtListener) - [confirmed] Definition of void sentence (Crumbley v. State) The Supreme Court of Georgia stated that a sentence is void if the court imposes punishment that the law does not allow, citing Crumbley v. State, 261 Ga. 610, 611 (1991). Date: 1991-01-01 Tags: legal Sources: von Thomas v. State, 2013-09-09 (court record via CourtListener) - [confirmed] Florida: clemency power reposes exclusively in the executive The Florida Supreme Court held that the clemency power under Article IV, Section 8 of the Florida Constitution reposes exclusively in the executive, and that this prohibition against legislative encroachment upon the executive's clemency power is equally applicable to the judiciary. Date: 1977-06-30 Tags: legal Sources: Sullivan v. Askew, 1977-06-30 (court record via CourtListener) - [confirmed] 30-day deadline for sentence review application The sentence review panel provision required that any defendant seeking review make application within 30 days of the date on which the sentence was imposed by a judge of the superior court, or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever shall occur last. Date: 1974-01-01 Tags: legal,policy Sources: Ga. L. 1974, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1974 [volume 1]) - [confirmed] Original § 17-10-6.1(c)(1) set 14-year parole minimum for life sentences As originally enacted, O.C.G.A. § 17-10-6.1(c)(1) provided that a person convicted of a first serious violent felony and sentenced to life imprisonment would not be eligible for parole or early release until serving at least 14 years. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] 1983 Georgia Constitution clemency powers of Board Art. IV, Sec. II, Par. II(a) of the 1983 Georgia Constitution vests the State Board of Pardons and Paroles with the power of executive clemency, including powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction. Date: 1983-01-01 Tags: legal,parole Sources: Charron v. State Board of Pardons & Paroles, Supreme Court of Georgia, 1984-09-06 (court record via CourtListener) - [confirmed] 1943 Act granted Board power to grant reprieves, pardons, paroles The Act granted the Board "power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the death sentence has been imposed and the Governor refuses to suspend the execution of such death sentence to enable the Board to consider and pass upon the same." Date: 1943-01-01 Tags: legal,parole Sources: Ga. L. 1943, p. 185 (Acts and resolutions of the General Assembly of the state of Georgia 1943 [volume 1]) - [confirmed] Williams v. State: void-sentence denial appealable; presentence hearing failure not void The Supreme Court of Georgia held that denial of a petition to correct a sentence on the ground that it is void is directly appealable as of right (overruling Taylor v. State to that extent), and that a trial court's failure to hold a presentence hearing under OCGA § 17-10-2 in a non-death penalty case does not make the sentence void; so Williams's petition was correctly denied. Date: 1999-11-15 Tags: legal Sources: Williams v. State, Supreme Court of Georgia, 1999-11-15 (court record via CourtListener) - [confirmed] Sumrall: prosecutor's failure to respond is not implied consent The Supreme Court of Georgia held in Sumrall v. State that the First Offender Act's prosecuting-attorney-consent requirement does not require the prosecuting attorney to file a response to a petition, and that the prosecuting attorney's failure to respond cannot be considered a default or "implied consent." Date: 2024-12-10 Tags: legal,policy Sources: Sumrall v. State, Supreme Court of Georgia, 2024-12-10 (court record via CourtListener) - [confirmed] Constitution separation of powers clause Ga. Const. art. IV, § II, ¶ III provides that the legislative, judicial, and executive powers 'shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.' Date: 2023-01-01 Tags: legal Sources: sos.ga.gov: Georgia Constitution Electronic Version January, 2023 - [reported] Sambou v. State follows Humphrey on illegal-sentence challenges Mamadou Lamine Sambou v. State (Court of Appeals of Georgia, 2021) followed Humphrey v. State, which addressed a defendant's ability to challenge an illegal sentence. Date: 2021-02-16 Tags: legal Sources: Mamadou Lamine Sambou v. State, Court of Appeals of Georgia, 2021-02-16 (court record via CourtListener) - [confirmed] Georgia Survivor Justice Act citation The editor's note to O.C.G.A. § 17-10-22 states that Ga. L. 2025, p. 497, § 1/HB 582, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "Georgia Survivor Justice Act," and that the Code section became effective July 1, 2025. Date: 2025-07-01 Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] Gray v. State followed State v. Hart (2003) The Gray v. State opinion notes later treatment following State v. Hart, 263 Ga. App. 8, 9 (587 SE2d 164) (2003). Date: 2003-01-01 Tags: legal Sources: Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener) - [confirmed] Malloy v. State: Kirby implicitly overruled Robinson The Alabama Court of Criminal Appeals in Malloy v. State followed Kirby, noting Kirby implicitly overruled Robinson v. State (2002), which had held Rule 32 was the proper avenue for seeking implementation of § 13A-5-9.1. Date: 2004-10-29 Tags: legal,parole Sources: Malloy v. State, Court of Criminal Appeals of Alabama, 2004-10-29 (court record via CourtListener) - [confirmed] Probationary sentences modifiable at any time during probation term The Supreme Court of Georgia stated that a sentencing court can modify a probationary sentence at any time during the term of probation under OCGA § 42-8-34(g), distinguishing probationary sentences from the one-year jurisdictional limit on modifying imprisonment sentences. Date: 2013-09-09 Tags: legal,parole Sources: von Thomas v. State, 2013-09-09 (court record via CourtListener) - [confirmed] Florida: death-row clemency due-process complaint failed to state a cause of action The circuit court had jurisdiction to construe the constitution, but because the clemency power reposes exclusively in the executive, the death-sentenced prisoners' complaint seeking due-process requirements for clemency proceedings failed to state a cause of action; the court will not intrude on the executive's exercise of clemency. Date: 1977-06-30 Tags: legal,death Sources: Sullivan v. Askew, 1977-06-30 (court record via CourtListener) - [confirmed] Sentence review panel could reduce but not probate sentences Under the sentence review panel statute, if in the opinion of the panel the sentence imposed by the trial judge was too harsh or severe in light of all the circumstances and the defendant's past history, the panel had authority to issue an order reducing the sentence originally imposed, but the panel did not have authority to reduce any sentence to probation or to suspend any sentence. Date: 1974-01-01 Tags: legal,policy Sources: Ga. L. 1974, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1974 [volume 1]) - [confirmed] Nebraska Constitution Art. IV § 13: Board of Pardons commutation power Nebraska's constitution provides that the Governor, Attorney General and Secretary of State, sitting as a board, have power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations in all cases of conviction for offenses against the laws of the state, except treason and cases of impeachment. Tags: legal,policy Sources: Nebraska Constitution of 1875 Art. IV, § 13 | FindLaw - [confirmed] Original § 17-10-6.1(c)(2) set 25-year parole minimum for commuted death sentences As originally enacted, O.C.G.A. § 17-10-6.1(c)(2) provided that a person convicted of a first serious violent felony whose death sentence was commuted to life imprisonment would not be eligible for parole or early release until serving at least 25 years. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Charron holding: parole minimum-time and notice statutes constitutional The Supreme Court of Georgia held that the statute setting minimum time served before parole eligibility and the companion statute requiring notice to the sentencing judge and district attorney before early parole consideration do not unconstitutionally infringe the Board's powers, reversing a superior court ruling that had struck both down. Date: 1984-01-01 Tags: legal,parole Sources: Charron v. State Board of Pardons & Paroles, Supreme Court of Georgia, 1984-09-06 (court record via CourtListener) - [confirmed] Rowe v. State reformed judgment to eliminate probation per Gilderbloom Rowe v. State (Tex. Crim. App. 1955) followed Gilderbloom v. State: "In compliance with the holding in Gilderbloom v. State, Tex.Cr.App., 272 S.W.2d 106, the judgment herein is reformed so as to eliminate the provision for probation and, as reformed, is affirmed." Date: 1955-01-05 Tags: legal Sources: Rowe v. State, Court of Criminal Appeals of Texas, 1955-01-05 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-6.3(b) terminated three-judge sentence review after July 1, 2007 O.C.G.A. § 17-10-6.3(b) provides that the right of a defendant to have a sentence reviewed by a three-judge panel shall be terminated for sentences imposed by a trial or appellate court on or after July 1, 2007, and no new application for review of a sentence shall be transmitted to the three-judge panel on or after July 1, 2007, except for cases in which a sentence was imposed prior to July 1, 2007. Date: 2007-01-01 Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-6.3 (GPS's copy of the Code) - [confirmed] Sumrall: consent requirement does not violate Georgia constitutional right to prosecute/defend The Supreme Court of Georgia held in Sumrall v. State that O.C.G.A. § 42-8-66(a)(1)'s prosecuting-attorney-consent requirement does not violate the Georgia constitutional provision against being deprived of the right to prosecute or defend one's own cause, because that provision was never intended to provide a right of access to the courts. Date: 2024-12-10 Tags: legal,policy Sources: Sumrall v. State, Supreme Court of Georgia, 2024-12-10 (court record via CourtListener) - [confirmed] Constitution ratifies mandatory-sentence laws subject to amendment Ga. Const. art. IV, § II, ¶ II(b)(4) provides that '[a]ny general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.' Date: 2023-01-01 Tags: legal Sources: sos.ga.gov: Georgia Constitution Electronic Version January, 2023 - [confirmed] Mobley v. State rejects constitutional challenge to life-without-parole statute Mobley v. State (Supreme Court of Georgia, 1995) held that Mobley's arguments regarding the constitutionality of OCGA § 17-10-16, the life-without-parole statute, were without merit, citing Freeman v. State. Date: 1995-03-17 Tags: legal,policy Sources: Mobley v. State, Supreme Court of Georgia, 1995-03-17 (court record via CourtListener) - [confirmed] Enactment of O.C.G.A. § 17-10-22 O.C.G.A. § 17-10-22 was enacted by Ga. L. 2025, p. 497, § 6/HB 582, effective July 1, 2025. Date: 2025-07-01 Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-7(c): Recidivist fourth felony requires maximum sentence, no parole O.C.G.A. § 17-10-7(c) provides that any person who, after having been convicted under Georgia law for three felonies (or three crimes that would be felonies if committed in Georgia), commits a felony within the state shall, upon conviction for such fourth or subsequent offense, serve the maximum time provided in the sentence of the judge and shall not be eligible for parole until the maximum sentence has been served. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 17-10-7 (GPS's copy of the Code) - [confirmed] Burns v. State followed Kirby The Alabama Court of Criminal Appeals in Burns v. State followed Kirby, noting Kirby implicitly overruled Robinson v. State (2002) on the proper procedural avenue for § 13A-5-9.1 relief. Date: 2004-10-29 Tags: legal,parole Sources: Burns v. State, Court of Criminal Appeals of Alabama, 2004-10-29 (court record via CourtListener) - [confirmed] 120-day post-remittitur jurisdiction to modify sentence after appeal The Supreme Court of Georgia stated that if an appeal is taken and the judgment and sentence are affirmed, the sentencing court has jurisdiction to modify or vacate the sentence for 120 days after receipt of the remittitur of the appellate court, even if a year has passed since imposition of the sentence, under OCGA § 17-10-1(f). Date: 2013-09-09 Tags: legal Sources: von Thomas v. State, 2013-09-09 (court record via CourtListener) - [confirmed] Florida Constitution Section 8: clemency vested in governor with cabinet approval Florida's Constitution vests clemency (pardons, commutation of punishment, remission of fines and forfeitures) in the governor acting with the approval of cabinet members, except in treason/impeachment-conviction cases. Tags: legal Sources: Statutes & Constitution - [confirmed] One application limit and non-reviewable panel decisions The sentence review panel statute provided that a defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court imposing such sentence, and the reduction of a sentence, or the refusal to reduce a sentence, by the panel shall not be reviewable. Date: 1974-01-01 Tags: legal,policy Sources: Ga. L. 1974, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1974 [volume 1]) - [reported] Nebraska Bainbridge: substituting milder punishment defines commutation The Nebraska Supreme Court in State v. Bainbridge explained that a sentencing court which chooses to substitute a milder punishment for the sentence it had originally imposed does the very thing which defines an act of commutation, distinguishing that from an appellate court's modification of a sentence on direct review of an unconcluded judicial process. Date: 1996-02-02 Tags: legal Sources: State v. Bainbridge, 1996-02-02 (court record via CourtListener) - [confirmed] Original § 17-10-7(b)(2) mandated life without parole for second serious violent felony As originally enacted, O.C.G.A. § 17-10-7(b)(2) required a person convicted of a serious violent felony who is subsequently convicted of a second serious violent felony (not sentenced to death) to be sentenced to life without parole, not suspended, stayed, probated, deferred, or withheld, and ineligible for pardon, parole, early release, or sentence-reducing measures except as authorized by the Constitution. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] O.C.G.A. § 42-9-46 notice requirement does not limit Board's substantive power The Supreme Court of Georgia held that O.C.G.A. § 42-9-46, requiring written notice to the sentencing judge and district attorney before considering early parole, does not unconstitutionally infringe the Board's powers because it places no limitations on the substantive power of the Board but merely requires notice before that power is exercised. Date: 1984-01-01 Tags: legal,parole Sources: Charron v. State Board of Pardons & Paroles, Supreme Court of Georgia, 1984-09-06 (court record via CourtListener) - [confirmed] Ex Parte Minjares explained Gilderbloom and Ex parte Hayden Ex Parte Minjares (Tex. Crim. App. 1979) explained Gilderbloom v. State: "In Gilderbloom v. State, 160 Tex.Cr.R. 471, 272 S.W.2d 106 (1954), the Court noted that Ex parte Hayden, supra, held that the adult probation law had no application except in those cases where a sentence had been made mandatory by the Legislature and followed that case. Neither case has been overruled." Date: 1979-03-23 Tags: legal Sources: Ex Parte Minjares, Court of Criminal Appeals of Texas, 1979-03-23 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-6.3(e) required transfer of three-judge panel records to Archives O.C.G.A. § 17-10-6.3(e) provides that no later than January 1, 2009, all records and documents relating to the activities of the three-judge panels during the period July 1, 1974, through November 1, 2008, shall be transmitted to the Division of Archives and History for retention. Date: 2009-01-01 Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-6.3 (GPS's copy of the Code) - [confirmed] Jane Doe v. Vaughn: no written consent required under § 42-8-66(a)(1) The Court of Appeals of Georgia held in Jane Doe v. Vaughn that O.C.G.A. § 42-8-66(a)(1) does not require that the petitioner obtain the written consent of the prosecuting attorney, and the court declined to impose such a requirement in the absence of a statutory mandate, holding the statute requires consent to the filing of the petition, not consent to the relief sought. Date: 2020-10-21 Tags: legal,policy Sources: Jane Doe v. Timothy Vaughn, in His Official Capacity as Pulaski County District Attorney, Court of Appeals of Georgia, 2020-10-21 (court record via CourtListener) - [confirmed] Constitution vests clemency power in Parole Board Ga. Const. art. IV, § II, ¶ II(a) vests the State Board of Pardons and Paroles with 'the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction,' subject to exceptions elsewhere in the same paragraph. Date: 2023-01-01 Tags: legal,parole Sources: sos.ga.gov: Georgia Constitution Electronic Version January, 2023 - [confirmed] Few v. State: OCGA § 17-10-6 held unconstitutional, prospective only Few v. State (Court of Appeals of Georgia, 2011) explained Sentence Review Panel v. Moseley, noting that the Georgia Supreme Court held OCGA § 17-10-6 unconstitutional but gave its ruling only prospective application. Date: 2011-09-08 Tags: legal,policy Sources: FEW v. State, Court of Appeals of Georgia, 2011-09-08 (court record via CourtListener) - [confirmed] Serious violent felonies must be served in entirety O.C.G.A. § 17-10-6.1(c)(4) provides that except as otherwise provided, any sentence imposed for the first conviction of any serious violent felony shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by earned time, early release, work release, leave, or other sentence-reducing measures, though during the final year of incarceration the offender shall be eligible for consideration for a transitional center or work release program. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code) - [confirmed] O.C.G.A. § 17-10-7(b)(2): Second serious violent felony carries life without parole O.C.G.A. § 17-10-7(b)(2) provides that any person convicted of a serious violent felony who, after a first such conviction, subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole, and such person shall not be eligible for any form of pardon, parole, or early release, or earned time or other sentence-reducing measures, except as may be authorized by the Constitution. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 17-10-7 (GPS's copy of the Code) - [confirmed] Prestwood v. State followed Kirby The Alabama Court of Criminal Appeals in Prestwood v. State followed Kirby, reiterating that Kirby implicitly overruled Robinson v. State (2002) regarding the proper avenue for seeking implementation of § 13A-5-9.1. Date: 2005-02-25 Tags: legal,parole Sources: Prestwood v. State, Court of Criminal Appeals of Alabama, 2005-02-25 (court record via CourtListener) - [reported] Florida: Randall followed Sullivan v. Askew Randall v. Florida Dept. of Law Enforcement (Fla. Dist. Ct. App., 2001) followed Sullivan v. Askew, stating the clemency power is vested exclusively in the executive, with which neither the legislature nor the judiciary may interfere. Date: 2001-08-21 Tags: legal Sources: Randall v. Florida Dept. of Law Enforcement, District Court of Appeal of Florida, 2001-08-21 (court record via CourtListener) - [confirmed] Original § 17-10-7(c) required maximum sentence for fourth felony conviction As originally enacted, O.C.G.A. § 17-10-7(c) provided that a person convicted of three prior felonies who commits a fourth felony (other than a capital felony) must serve the maximum sentence imposed and is not eligible for parole until the maximum sentence has been served. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Georgia Constitution Art. IV, Sec. II, Par. II(c): legislative power to restrict parole Art. IV, Sec. II, Par. II(c) provides that notwithstanding subparagraph (b), the General Assembly by law may prohibit the Board from granting, and may prescribe terms and conditions for granting, a pardon or parole to a person incarcerated for a second or subsequent time for an offense for which they could have been sentenced to life imprisonment, and to a person who has received consecutive life sentences from the same series of acts. Date: 1983-01-01 Tags: legal,parole,policy Sources: Charron v. State Board of Pardons & Paroles, Supreme Court of Georgia, 1984-09-06 (court record via CourtListener) - [confirmed] Hixon v. State followed Gilderbloom on severability Hixon v. State (Tex. Crim. App. 1975) followed Gilderbloom v. State, noting that a statute may be upheld in part even without a severability clause: "This is true, even though the statutory enactment contains no severability clause. Salas v. State, supra, and Gilderbloom v. State, 160 Tex.Cr.R. 471, 272 S.W.2d 106 (1954)." Date: 1975-06-04 Tags: legal Sources: Hixon v. State, Court of Criminal Appeals of Texas, 1975-06-04 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-6.3 enacted by HB 197 in 2007, amended by HB 287 in 2013 O.C.G.A. § 17-10-6.3 was enacted by Ga. L. 2007, p. 595, § 3/HB 197, and later amended by Ga. L. 2013, p. 594, § 2-6/HB 287. Tags: legal,legislation Sources: Official Code of Georgia Annotated § 17-10-6.3 (GPS's copy of the Code) - [confirmed] Two-thirds general law required for serve-in-full sentences The Georgia Constitution requires 'general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote' to provide serve-in-full sentences for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, removing the Board's authority to consider the person for pardon, parole, or commutation during that portion of the sentence. Date: 2023-01-01 Tags: legal,parole Sources: sos.ga.gov: Georgia Constitution Electronic Version January, 2023 - [confirmed] Collins v. State: denial of void-sentence motion appealable as of right Collins v. State (Court of Appeals of Georgia, 2016) followed Williams v. State, which held that the denial of a petition to correct a sentence on the ground that the original sentence was void is appealable as a matter of right. Date: 2016-10-14 Tags: legal Sources: Collins v. the State, Court of Appeals of Georgia, 2016-10-14 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-7 legislative history O.C.G.A. § 17-10-7's history traces to Laws 1833, Cobb's 1851 Digest, p. 840, through Code 1933, § 27-2511, with later amendments including Ga. L. 1974, p. 352, § 5; Ga. L. 1983, p. 3, § 14; Ga. L. 1984, p. 760, § 2; Ga. L. 1994, p. 1959, § 12; Ga. L. 2010, p. 563, § 1/HB 901; Ga. L. 2012, p. 899, § 4-4/HB 1176; Ga. L. 2013, p. 222, § 10/HB 349; Ga. L. 2015, p. 519, § 2-1/HB 328; and Ga. L. 2025, p. 1029, § 17(2)/SB 153, effective July 1, 2025. Tags: legal,legislation,policy Sources: Official Code of Georgia Annotated § 17-10-7 (GPS's copy of the Code) - [confirmed] Ex parte State dissent urged overruling Kirby In a dissent from quashing the writ in Ex parte State, an Alabama Supreme Court justice urged the State to request that the Court overrule Kirby, questioning its stare decisis effect. Date: 2006-12-22 Tags: legal,parole Sources: Ex Parte State, Supreme Court of Alabama, 2006-12-22 (court record via CourtListener) - [reported] Florida: Glock v. Moore followed Sullivan v. Askew Glock v. Moore (Supreme Court of Florida, 2001) followed Sullivan v. Askew, invoking the separation-of-powers principle requiring the judiciary to adopt an extremely cautious approach in analyzing questions involving executive grace. Date: 2001-01-05 Tags: legal Sources: Glock v. Moore, Supreme Court of Florida, 2001-01-05 (court record via CourtListener) - [reported] New York: DVSJA reduced-sentence opportunity is legislative policy choice, not constitutional mandate The New York Court of Appeals stated that the legislature's decision to offer DVSJA-eligible defendants the opportunity to seek reduced sentences at a judge's discretion 'is not constitutionally mandated,' calling it 'a legislative policy choice,' and that 'no one contends that the bargain struck in this case was prohibited by constitutional mandate or by any public policy that exists independently of the DVSJA itself.' Tags: legal,policy Sources: State of New York OPINION - [confirmed] Original § 42-9-39(b) set 25-year minimum for repeat life-sentence murder convicts As originally enacted, O.C.G.A. § 42-9-39(b) required a person convicted of murder and sentenced to life imprisonment who had previously been incarcerated under a life sentence to serve at least 25 years before being granted a pardon and before becoming eligible for parole. Date: 1994-01-01 Tags: legal,parole,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Johns v. State: court cannot override Executive on service of confinement The Court of Appeals of Georgia held that any attempt by a trial court to impose its will over the Executive Department as to what constitutes service of a period of confinement would be a nullity and an exercise of power granted exclusively to the Executive, reversing the trial court's probation order. Date: 1981-01-01 Tags: legal,parole Sources: Johns v. State, Court of Appeals of Georgia, 1981-11-30 (court record via CourtListener) - [confirmed] State v. Philipps: Nebraska resentencing statute unconstitutional as judicial commutation The Nebraska Supreme Court held that Neb. Rev. Stat. § 29-2308.01, a resentencing statute allowing any court that imposed a criminal sentence to reduce that sentence, was unconstitutional and unenforceable because it purported to grant commutation power to the judiciary in violation of Neb. Const. art. IV, § 13, which entrusts that power to the Board of Pardons. The court wrote: "Section 29-2308.01 is unconstitutional and therefore unenforceable, as it purports to grant commutation power to the judiciary, in violation of Neb. Const, art. IV, § 13, which entrusts such power to the Board of Pardons." Date: 1994-09-23 Tags: legal,policy Sources: State v. Philipps, 1994-09-23 (court record via CourtListener) - [confirmed] O.C.G.A. § 42-9-20(a) Board may commute death sentence by majority vote O.C.G.A. § 42-9-20(a) provides that the board, by an affirmative vote of a majority of its members, shall have the power to commute a sentence of death to one of life imprisonment. Tags: legal,parole Sources: Official Code of Georgia Annotated § 42-9-20 (GPS's copy of the Code) - [confirmed] Humphrey v. State: sentence limiting parole beyond statute is void The Supreme Court of Georgia held that a sentence is void to the extent it purports to limit the power of the Board of Pardons and Paroles to parole a defendant as soon as the statutory law permits, because by imposing such a sentence a court intrudes upon the constitutional prerogative of the Board to extend clemency to persons under sentence. Date: 2015-06-15 Tags: legal,parole Sources: Humphrey v. State, Supreme Court of Georgia, 2015-06-15 (court record via CourtListener) - [confirmed] Polanco concurrence: split murder sentence with probation is illegal and void A concurring opinion in Polanco v. State stated that a felony-murder sentence purporting to allow parole eligibility while also imposing probation for the remainder of a life sentence was illegal and void because the Criminal Code contains no provision authorizing a split sentence including probation for a murder conviction or authorizing parole eligibility before 30 years served in prison for a murder conviction. Date: 2022-04-19 Tags: legal,parole Sources: Polanco v. State, Supreme Court of Georgia, 2022-04-19 (court record via CourtListener) - [confirmed] Two-thirds general law required for LWOP for murder and recidivists The Georgia Constitution requires 'general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote' to impose life without parole for murder and for recidivists previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, removing the Board's authority to consider such persons for pardon, parole, or commutation from any portion of the sentence. Date: 2023-01-01 Tags: legal,parole Sources: sos.ga.gov: Georgia Constitution Electronic Version January, 2023 - [confirmed] Bradberry v. State: court retains jurisdiction to correct illegal sentence Bradberry v. State (Court of Appeals of Georgia, 2012) explained Williams v. State, which held that because a trial court retains jurisdiction to correct an illegal sentence and impose a legal sentence outside the term of court, a convicted defendant may challenge a void sentence by motion in the trial court and a direct appeal will lie. Date: 2012-04-06 Tags: legal Sources: Bradberry v. State, Court of Appeals of Georgia, 2012-04-06 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-16(a): Death-eligible offenses may receive death, life without parole, or life O.C.G.A. § 17-10-16(a) provides that a person convicted of an offense committed after May 1, 1993 for which the death penalty may be imposed under Georgia law may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter. Tags: legal,policy Sources: Official Code of Georgia Annotated § 17-10-16 (GPS's copy of the Code) - [confirmed] Alabama Constitution: Governor's reprieve and commutation power The Alabama Constitution provides that the Governor may grant reprieves and commutations to persons under sentence of death. Tags: legal,death,parole Sources: Alabama Legislature (alison.legislature.state.al.us); Official Recompilation of the Constitution - [reported] Florida: Rose v. State rejected clemency-process claim citing Sullivan Rose v. State (Supreme Court of Florida, 2000) rejected as without merit a claim alleging constitutional deficiencies in the clemency review process, citing Sullivan v. Askew. Date: 2000-10-12 Tags: legal Sources: Rose v. State, Supreme Court of Florida, 2000-10-12 (court record via CourtListener) - [reported] Oklahoma: sentencing prohibition upheld against separation-of-powers challenge An Oklahoma defendant argued that a statutory sentencing prohibition on suspended sentences, deferred sentences, or probation 'is violative of the separation of powers doctrine,' and the reviewing court held the provision was consistent with the state constitution. Tags: legal,policy Sources: Tulsa Law Review - [confirmed] Senate Bill 441 caption and title Senate Bill No. 441 (No. 1265) was captioned to provide that persons convicted of certain serious violent felonies shall serve minimum terms of imprisonment not suspended, probated, deferred, or withheld by the sentencing judge, and to restrict paroles, earned time, and other sentence-reducing measures for such persons; it amended Code Titles 16, 17, and 42. Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Johns v. State: earned time must be credited in probation-revocation computation The Court of Appeals of Georgia reversed a probation-revocation order that denied credit for earned time; a probation order adding more probation if the Executive Department released the prisoner early was ambiguous and overrode the Executive's constitutional and statutory power to compute service of a sentence, so earned time had to be credited under Code Ann. § 77-320.1. Date: 1981-01-01 Tags: legal,parole Sources: Johns v. State, Court of Appeals of Georgia, 1981-11-30 (court record via CourtListener) - [confirmed] Humphrey v. State: courts lack authority to limit Parole Board's clemency prerogative The Supreme Court of Georgia stated that although the Georgia Constitution permits the General Assembly by statute to limit the Board of Pardons and Paroles' clemency prerogative in certain respects, the Constitution gives the courts no such authority, so a judicial incursion upon the Board's constitutional prerogative violates the separation-of-powers provision. Date: 2015-06-15 Tags: legal,parole Sources: Humphrey v. State, Supreme Court of Georgia, 2015-06-15 (court record via CourtListener) - [confirmed] 1943 amendment created Parole Board A 1943 constitutional amendment creating Georgia's State Board of Pardons and Paroles is indexed as ratified on August 3. Date: 1943-08-03 Tags: legal,parole Sources: digitalcommons.law.uga.edu: viewcontent.cgi, viewcontent.cgi [1] - [confirmed] Colson v. State: no jurisdiction to modify sentence after term unless void Colson v. State (Court of Appeals of Georgia, 2011) followed Williams v. State, holding that a trial court had no jurisdiction to modify a sentence after the expiration of the term of court during which the sentence was entered, unless the sentence was void. Date: 2011-06-02 Tags: legal Sources: Colson v. State, Court of Appeals of Georgia, 2011-06-02 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-16(b): Life without parole bars parole for natural life absent innocence finding O.C.G.A. § 17-10-16(b) provides that any person convicted of an offense for which the death penalty may be imposed and sentenced to life without parole shall not be eligible for any form of parole during such person's natural life unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person was innocent of the offense for which the sentence of life without parole was imposed. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 17-10-16 (GPS's copy of the Code) - [confirmed] Alabama Constitution: Legislature may regulate pardons and authorize probation The Alabama Constitution provides that the Legislature may provide for and regulate the administration of pardons, paroles, remission of fines and forfeitures, and may authorize courts having criminal jurisdiction to suspend sentence and to order probation. Tags: legal,parole,policy Sources: Alabama Legislature (alison.legislature.state.al.us); Official Recompilation of the Constitution - [confirmed] OCGA 17-10-30.1 repealed effective April 29, 2009 O.C.G.A. § 17-10-30.1 (Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury) was enacted by Ga. L. 1993, p. 1654, § 4 and later repealed by Ga. L. 2009, p. 223, § 4/SB 13, effective April 29, 2009. Date: 2009-04-29 Tags: legal,legislation Sources: Official Code of Georgia Annotated § 17-10-30.1 (GPS's copy of the Code) - [reported] Iowa: courts denied right to suspend sentence after pronouncement Dawson v. Sisk (Supreme Court of Iowa, 1942) followed Neal v. State (Ga.), stating the right to suspend sentence after being pronounced is denied the courts of this state, citing State v. Voss. Date: 1942-06-16 Tags: legal Sources: Dawson v. Sisk, Supreme Court of Iowa, 1942-06-16 (court record via CourtListener) - [reported] Oklahoma Tucker: power to indefinitely postpone punishment is power to prevent punishment Ex Parte Tucker followed Neal v. State, Ga., stating: 'The power to indefinitely postpone the punishment prescribed by the law, whether exercised by suspending the imposition or by suspending the execution of a sentence, is the power to perpetually prevent punishment.' Date: 1942-02-04 Tags: legal Sources: Ex Parte Tucker, Court of Criminal Appeals of Oklahoma, 1942-02-04 (court record via CourtListener) - [reported] 1943 constitutional amendment created Board of Pardons and Paroles The Georgia Board of Pardons and Paroles' FY2020 annual report states that in August 1943, Georgia voters ratified, by a ratio of four and a half to one, a landmark amendment to the State Constitution creating the State Board of Pardons and Paroles as an independent agency to administer executive clemency. Date: 1943-08-01 Tags: legal,parole,policy Sources: Fiscal year 2019 annual report - [confirmed] State v. Philipps criticized State v. Nardini on essence of commutation State v. Philipps criticized State v. Nardini (Conn.), reasoning: "But determining whether an act is one of commutation on the basis of who performs it begs the question; the essence of commutation is the substitution of a milder punishment." Date: 1994-09-23 Tags: legal Sources: State v. Philipps, 1994-09-23 (court record via CourtListener) - [confirmed] Humphrey v. State overrules Baker v. State on agreement to limit parole The Supreme Court of Georgia overruled its decision in Baker v. State, 284 Ga. 280 (2008), to the extent it held that parties to a criminal case could by agreement confer upon the judicial branch a power to limit the constitutional prerogatives of another branch of government. Date: 2015-06-15 Tags: legal,parole Sources: Humphrey v. State, Supreme Court of Georgia, 2015-06-15 (court record via CourtListener) - [confirmed] Parole Board created by Acts 1943, pp. 185-195 An editorial cross-reference in the Georgia Constitution text identifies the State Board of Pardons and Paroles as created by 'Acts 1943, pp. 185-195.' Date: 1943-01-01 Tags: legal,parole Sources: digitalcommons.law.uga.edu: viewcontent.cgi, viewcontent.cgi [1] - [reported] Schoicket v. State follows Gray on plea practice Schoicket v. State (Supreme Court of Georgia, 2021) followed Gray v. State regarding a plea practice that remains in force. Date: 2021-11-02 Tags: legal Sources: Schoicket v. State, Supreme Court of Georgia, 2021-11-02 (court record via CourtListener) - [confirmed] O.C.G.A. § 17-10-16 enacted 1993, no subsequent amendment O.C.G.A. § 17-10-16 was enacted by Ga. L. 1993, p. 1654, § 3, with no subsequent amendment listed in its history line. Date: 1993-01-01 Tags: legal,legislation Sources: Official Code of Georgia Annotated § 17-10-16 (GPS's copy of the Code) - [confirmed] California Constitution clemency clause Article V, Section 8 of the California Constitution provides that the Governor, on conditions deemed proper, may grant a reprieve, pardon, and commutation after sentence, except in case of impeachment, and may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring. Tags: legal,parole Sources: Way v. Superior Court of San Diego Cty., 1977-10-19 (court record via CourtListener) - [confirmed] OCGA 42-9-39(b): 30-year minimum before pardon/parole eligibility for repeat life-sentence murder O.C.G.A. § 42-9-39(b) provides that except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 30 years in the penitentiary before being granted a pardon and before becoming eligible for parole. Tags: legal,parole Sources: Official Code of Georgia Annotated § 42-9-39 (GPS's copy of the Code) - [confirmed] Louisiana: State v. Dick held courts cannot resentence final sentences The Louisiana Supreme Court in State v. Dick held that the legislature did not intend, and La. Rev. Stat. 15:308 does not provide, that offenders whose sentences had become final may seek resentencing in the courts, because allowing courts to reduce a final sentence would commute the sentence, a power constitutionally reserved to the executive branch. Date: 2007-01-26 Tags: legal Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [reported] Pennsylvania Sutley: resentencing amendment violates separation of powers The Supreme Court of Pennsylvania held that a statutory amendment requiring courts to resentence certain marijuana offenders whose sentences were already final violated the separation of powers doctrine because it was a legislative command directing courts to reopen final judgments, and affirmed dismissal of the resentencing petitions. Date: 1977-10-07 Tags: legal,policy Sources: Commonwealth v. Sutley, 1977-10-07 (court record via CourtListener) - [confirmed] Fleming: 1994 amendment (b)(2) authorizes mandatory minimum and full-service sentences for armed robbery The Court of Appeals of Georgia quoted the 1994 amendment to Art. IV, Sec. II, Par. II as providing that the General Assembly may, by general law approved by two-thirds of the members elected to each branch in a roll-call vote, provide for minimum mandatory sentences and for sentences required to be served in their entirety for persons convicted of armed robbery, with the Board losing authority to consider such persons for pardon, parole, or commutation during that portion of the sentence. Date: 1994-01-01 Tags: legal,parole,policy Sources: Fleming v. State, Court of Appeals of Georgia, 1998-07-16 (court record via CourtListener) - [confirmed] Georgia Constitution vests executive clemency in State Board of Pardons and Paroles Ga. Const. art. IV, § II, ¶ II(a) vests the State Board of Pardons and Paroles with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction, except as otherwise provided in the Paragraph. Tags: legal,policy,parole Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Humphrey v. State: only parole-limiting provision vacated; consent cannot validate A murder sentence imposed by plea agreement that limits parole eligibility beyond what statute allows is void to the extent it limits the Parole Board's power to parole as soon as statutory law permits; consent cannot validate it, parties cannot by agreement give courts power to limit the Board's constitutional prerogative (Baker v. State overruled to that extent), and only the parole-limiting provision must be vacated. Date: 2015-06-15 Tags: legal,parole Sources: Humphrey v. State, Supreme Court of Georgia, 2015-06-15 (court record via CourtListener) - [confirmed] 1950 Act barred modification after prisoners entered institutions The Act amending former Code § 27-2502 (indeterminate felony sentences) provided that after prisoners entered upon their sentence in Georgia's penal institutions, superior court judges had no authority to suspend and probate the sentences of said prisoners by modifying sentences. Date: 1950-01-01 Tags: legal,policy Sources: Ga. L. 1950, p. 352 (Acts and resolutions of the General Assembly of the state of Georgia 1950 session [volume 1]) - [reported] Cook v. State follows Gray on historical sentencing practice Cook v. State (Supreme Court of Georgia, 2022) followed Gray v. State regarding the availability of a historical practice rooted in Georgia sentencing law. Date: 2022-03-15 Tags: legal Sources: Cook v. State, Supreme Court of Georgia, 2022-03-15 (court record via CourtListener) - [confirmed] O.C.G.A. § 16-5-1(e)(1): Murder punishment options O.C.G.A. § 16-5-1(e)(1) provides that a person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. Tags: legal,policy Sources: Official Code of Georgia Annotated § 16-5-1 (GPS's copy of the Code) - [confirmed] California clemency authority exclusive to Governor Under California law, gubernatorial clemency authority is exclusive to the Governor under the state constitution. Tags: legal,parole Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] OCGA 42-9-39(c): consecutive 30-year periods up to 60 years for consecutive life sentences including murder O.C.G.A. § 42-9-39(c) provides that when a person receives consecutive life sentences from offenses in the same series of acts, and one of the sentences is for murder, that person must serve consecutive 30-year periods for each sentence, up to a maximum of 60 years, before being eligible for parole consideration. Tags: legal,parole Sources: Official Code of Georgia Annotated § 42-9-39 (GPS's copy of the Code) - [confirmed] Louisiana: governor has exclusive clemency authority under Article IV, Section 5(E) The Louisiana Supreme Court in State v. Dick reasoned that the governor has exclusive authority over matters of clemency under Article IV, Section 5(E), and that allowing sentencing courts to reduce a defendant's sentence after it became final would allow the judiciary to exercise the power of commutation, a power constitutionally reserved exclusively to the executive branch. Date: 2007-01-26 Tags: legal Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [confirmed] AG opinion: 1994 amendment resolved conflict between legislative sentencing and Board clemency power A Georgia Attorney General opinion stated that before the 1994 constitutional amendment, there existed the potential for conflict between the legislative prerogative of the General Assembly to establish crimes and prescribe punishment and the Board's constitutionally-derived power to grant clemency, but with passage of the constitutional amendment the General Assembly now has clear authority to enact general law approved by two-thirds of the members which limits the Board's power to grant clemency. Date: 1995-01-01 Tags: legal,parole,policy Sources: 95-4 | Office of the Attorney General - [confirmed] Sentence Reform Act effective January 1, 1995 after voter ratification Quoting Campbell v. State, the Court of Appeals of Georgia stated that the Sentence Reform Act of 1994 became effective January 1, 1995, after ratification by Georgia voters at the November 1994 general election of an amendment to Art. IV, Sec. II, Par. II, which authorized the General Assembly to provide for mandatory minimum sentences and to impose restrictions on the Board's authority to grant paroles. Tags: legal,parole,policy Sources: Fleming v. State, Court of Appeals of Georgia, 1998-07-16 (court record via CourtListener) - [confirmed] Georgia Constitution: 25-year minimum before pardon/parole when death sentence commuted Ga. Const. art. IV, § II, ¶ II(b)(1) provides that when a sentence of death is commuted to life imprisonment, the board shall not have authority to grant a pardon, and the person is not eligible for parole, until the person has served at least 25 years in the penitentiary. Tags: legal,parole,death Sources: acluga.org: ga constitution as amended through january 1 2017 - [reported] Mark Gray v. State on remand addresses sentence modification Mark Gray v. State (Court of Appeals of Georgia, 2021, on remand) addressed modification of a sentence in light of Gray v. State (2020). Date: 2021-03-16 Tags: legal Sources: Mark Gray v. State, Court of Appeals of Georgia, 2021-03-16 (court record via CourtListener) - [confirmed] O.C.G.A. § 16-5-1 legislative history O.C.G.A. § 16-5-1 was enacted as Code 1933, § 26-1101 by Ga. L. 1968, p. 1249, § 1, and later amended by Ga. L. 2009, p. 223, § 1/SB 13 and Ga. L. 2014, p. 444, § 1-1/HB 271. Tags: legal,legislation Sources: Official Code of Georgia Annotated § 16-5-1 (GPS's copy of the Code) - [confirmed] Lamoureux: SB 1437 resentencing does not usurp clemency power The California Court of Appeal in People v. Lamoureux held that Penal Code section 1170.95's interference with executive clemency authority, if any, is merely incidental to the main legislative purpose of Senate Bill 1437 and does not impermissibly encroach on core executive functions. Tags: legal,parole,policy Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] OCGA 42-9-42(a): clemency/parole requires board majority vote; majority may commute death sentence O.C.G.A. § 42-9-42(a) provides that no person shall be granted clemency, pardon, parole, or other relief from sentence except by a majority vote of the State Board of Pardons and Paroles, and a majority of the board's members may commute a death sentence to life imprisonment as provided in Code Section 42-9-20. Tags: legal,parole,death Sources: Official Code of Georgia Annotated § 42-9-42 (GPS's copy of the Code) - [confirmed] Louisiana Constitution Article IV, Section 5(E)(1): reprieves, commutation, pardon The Louisiana Supreme Court quoted La. Const. art. IV, Section 5(E)(1): the governor may grant reprieves to persons convicted of offenses against the state and, upon favorable recommendation of the Board of Pardons, may commute sentences, pardon those convicted of offenses against the state, and remit fines and forfeitures imposed for such offenses. Date: 2007-01-26 Tags: legal Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [reported] Pennsylvania Sutley: court declined to reach commutation-power ground The Pennsylvania Supreme Court in Sutley expressly declined to reach the Commonwealth's alternative argument that the 1973 resentencing amendment was unconstitutional because it intruded on the Governor's power to commute sentences under Article IV, Section 9 of the Pennsylvania Constitution, resting its holding solely on the ground that the amendment impaired final judgments of the judiciary. Date: 1977-10-07 Tags: legal Sources: Commonwealth v. Sutley, 1977-10-07 (court record via CourtListener) - [confirmed] AG opinion cites (b)(4) ratification of prior life-without-parole laws A Georgia Attorney General opinion states that the 1994 constitutional amendment ratified by the people contains the provision in (b)(4) that any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law, citing 1994 Ga. Laws 2015, 2016. Date: 1995-01-01 Tags: legal,parole,policy Sources: 95-4 | Office of the Attorney General - [confirmed] Fleming: subsection (d) ratified prior mandatory minimum statutes The Court of Appeals of Georgia stated that subsection (d) of the amendment to Art. IV, Sec. II, Par. II expressly ratified and approved previously enacted statutes dealing with mandatory minimum sentences. Date: 1994-01-01 Tags: legal,policy Sources: Fleming v. State, Court of Appeals of Georgia, 1998-07-16 (court record via CourtListener) - [confirmed] Georgia Constitution: mandatory minimum and full-service sentences for enumerated violent crimes Ga. Const. art. IV, § II, ¶ II(b)(2) provides that the General Assembly may by general law approved by two-thirds of the members elected to each branch in a roll-call vote provide for minimum mandatory sentences and sentences required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, and when so provided the board shall not have authority to consider such persons for pardon, parole, or commutation during that portion of the sentence. Tags: legal,parole,policy Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Ferguson v. Perry notes uncertainty of Freeman holding Ferguson v. Perry states that "the scope and vitality of Freeman's holding are uncertain," and that "[b]ecause the Board's order in this case does not conflict with the holding in Freeman ... we need not decide now whether Freeman remains good law." Date: 2013-01-01 Tags: legal,parole Sources: Ferguson v. Perry, Supreme Court of Georgia, 2013-03-25 (court record via CourtListener) - [confirmed] 2001 Act requires notice and hearing before sentence modification The Act amending O.C.G.A. § 17-10-1 added a new subsection providing that prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney, and that any order modifying a sentence entered without such notice and opportunity for a hearing shall be void. Date: 2001-01-01 Tags: legal,policy Sources: Acts and resolutions of the General Assembly of the State of Georgia 2001, volume 1 - Digital Library of Georgia - [reported] Taj Zipperman v. State: Gray requires hearing under OCGA provision Taj Zipperman v. State (Court of Appeals of Georgia, 2024) explained Gray v. State, noting that the Court's decision in Gray requires a hearing under a specified OCGA provision. Date: 2024-05-10 Tags: legal Sources: Taj Zipperman v. State, Court of Appeals of Georgia, 2024-05-10 (court record via CourtListener) - [confirmed] Lamoureux: resentencing is not an act of grace The Lamoureux court reasoned that the Legislature's objective in approving section 1170.95 was not to extend an act of grace to petitioners, and a successful petition is not merely an act of grace akin to executive clemency. Tags: legal,parole Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] OCGA 42-9-42 history traced to 1943 and amended through SB 79 (2025) The history line of O.C.G.A. § 42-9-42 traces the section to "Ga. L. 1943, p. 185, § 13" among later amending Acts, including Ga. L. 2025, p. 460, § 2-8/SB 79, effective July 1, 2025. Date: 2025-07-01 Tags: legal,legislation Sources: Official Code of Georgia Annotated § 42-9-42 (GPS's copy of the Code) - [confirmed] Louisiana: La. R.S. 15:308 remedy is Risk Review Panel; original life sentences reinstated La. R.S. 15:308 does not authorize courts to resentence offenders whose sentences were final under the more lenient amended penalties; their remedy is application to the Louisiana Risk Review Panel, and court reduction of a final sentence would in effect be a commutation reserved to the executive. Original life sentences reinstated. Date: 2007-01-26 Tags: legal,parole Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [confirmed] Pennsylvania Constitution Art. IV § 9: Governor's commutation power requires Board of Pardons recommendation Pennsylvania's constitution gives the Governor power to grant reprieves, commutation of sentences and pardons in all criminal cases except impeachment, but no sentence may be commuted except on the recommendation in writing of a majority of the Board of Pardons (unanimous for death or life sentences). Tags: legal,policy Sources: palegis.us: view statute&txtType=PDF&ttl=0&div=00.&chpt=004.&sctn=009.&subsctn=000. - [confirmed] AG opinion: as of Jan 1, 1995, additional constitutional limits on Board's parole power A Georgia Attorney General opinion concludes that as of January 1, 1995, additional constitutional limitations have been placed on the Board's power to parole which are now the clear prerogative of the General Assembly to proscribe. Date: 1995-01-01 Tags: legal,parole,policy Sources: 95-4 | Office of the Attorney General - [confirmed] Eleventh Circuit: Georgia Constitution vests Board with exclusive parole power The Eleventh Circuit stated that the Georgia Constitution vests the Board of Pardons and Paroles with the exclusive power to grant reprieves, pardons, and paroles (Ga. Const. art. IV, Sec. 2, p 2). Date: 1994-01-01 Tags: legal,parole Sources: Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael... – CourtListener.com - [confirmed] Georgia Constitution: life without parole for murder and repeat offenders Ga. Const. art. IV, § II, ¶ II(b)(3) provides that the General Assembly may by general law approved by two-thirds of the members elected to each branch in a roll-call vote provide for sentences of life without parole for persons convicted of murder and for repeat offenders of certain enumerated crimes, and when so provided the board shall not have authority to consider such persons for pardon, parole, or commutation from any portion of such sentence. Tags: legal,parole,policy Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Ferguson v. Perry quotes Ga. Const. art. IV, § II, ¶ II(b)(4) ratifying LWOP laws Ferguson v. Perry quotes Article IV, Section II, Paragraph II (b) of the Georgia Constitution as providing that "[a]ny general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law," describing this as paragraph (b)(4). Date: 2013-01-01 Tags: legal,parole Sources: Ferguson v. Perry, Supreme Court of Georgia, 2013-03-25 (court record via CourtListener) - [confirmed] 2001 Act: sentencing judge retains jurisdiction over probationers The Act provided that the sentencing judge shall retain jurisdiction over any person placed on probation, and is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or in any manner deemed advisable by the judge, to modify or change the probated sentence at any time during the period of time prescribed for the probated sentence to run. Date: 2001-01-01 Tags: legal,policy Sources: Acts and resolutions of the General Assembly of the State of Georgia 2001, volume 1 - Digital Library of Georgia - [reported] Patterson v. State follows Gray on long-applied sentencing practice Patterson v. State (Supreme Court of Georgia, 2025) followed Gray v. State, which noted that Georgia courts have long applied a particular sentencing practice. Date: 2025-05-06 Tags: legal Sources: Patterson v. State, Supreme Court of Georgia, 2025-05-06 (court record via CourtListener) - [confirmed] Lamoureux: separation-of-powers standard The Lamoureux court stated that under California law the separation of powers doctrine is violated only when the actions of one branch defeat or materially impair the inherent functions of another, recognizing the branches are interdependent and permitting actions that may significantly affect another branch. Tags: legal Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] Former OCGA 17-10-6 three-judge sentence review panel repealed in 2007 Former O.C.G.A. § 17-10-6, titled "Review of sentences of imprisonment for period exceeding 12 years by three-judge panel," was repealed by Ga. L. 2007, p. 595, § 2/HB 197, effective July 1, 2007, and the section is now marked Reserved. Date: 2007-07-01 Tags: legal,legislation,policy Sources: Official Code of Georgia Annotated § 17-10-6 (GPS's copy of the Code) - [reported] Louisiana: Dick followed Colorado's People v. Herrera State v. Dick followed People v. Herrera (Colo. 1973), which held that a statute conferring upon the courts the power to review sentences to allow retroactive application of statutorily reduced penalties is equivalent to the power of commutation, which is a violation of the state constitution. Date: 2007-01-26 Tags: legal Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [confirmed] AG Official Opinion 95-4 dated February 14, 1995 Georgia Attorney General Official Opinion 95-4 is dated February 14, 1995. Date: 1995-02-14 Tags: legal Sources: 95-4 | Office of the Attorney General - [confirmed] Freeman v. State: life-without-parole statute did not infringe Board discretion Sultenfuss v. Snow (11th Cir.) explained Freeman v. State, 264 Ga. 27, 440 S.E.2d 181, 184 (1994), which held that a statute authorizing a sentence of 'life without parole' did not unconstitutionally infringe on the Board's discretion. Date: 1994-01-01 Tags: legal,parole Sources: Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael... – CourtListener.com - [confirmed] Georgia Constitution ratifies prior life-without-parole and mandatory-service laws Ga. Const. art. IV, § II, ¶ II(b)(4) ratifies and approves any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole, but makes such provisions subject to amendment or repeal by general law. Tags: legal,parole,policy Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Sentence Review Panel v. Moseley held former OCGA § 17-10-6 unconstitutional The Supreme Court of Georgia held in Sentence Review Panel v. Moseley that former OCGA § 17-10-6, which created the three-judge Sentence Review Panel and invested it with authority to reduce sentences imposed by trial courts, was unconstitutional because "the General Assembly does not have the constitutional authority to divest the trial courts of this state of their traditional jurisdiction over sentencing, by creating a quasi-appellate tribunal to review and alter the otherwise lawful sentences imposed by those trial courts." Date: 2008-01-01 Tags: legal,policy Sources: Sentence Review Panel v. Moseley, Supreme Court of Georgia, 2008-07-07 (court record via CourtListener) - [confirmed] Survivor Justice Act sponsors listed The bill's House sponsors are listed as Gunter, Stan (8th); Reeves, Matt (99th); New, Kimberly (40th); Hong, Soo (103rd); Smith, Tyler Paul (18th); and Burchett, James (176th), with the bill Sponsored In Senate By Hatchett, Bo. Date: 2025-01-01 Tags: legislation,policy Sources: Georgia General Assembly, 70670 - [confirmed] Pre-1992 § 17-10-1(a) barred modification after term or 60 days Before this Act struck it, O.C.G.A. § 17-10-1(a) provided that after the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, the judge had no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of the subsection or as otherwise provided by law. Date: 1992-01-01 Tags: legal,policy Sources: Ga. L. 1992, p. 3221 (Acts and resolutions of the General Assembly of the state of Georgia 1992 [volume 1]) - [confirmed] Collett v. State: judge has no authority to suspend sentence except incidental to review Collett v. State (Court of Appeals of Georgia, 1974) followed Neal v. State, holding that a judge has no authority to suspend execution of a sentence imposed in a criminal case, except as incidental to a review of the judgment. Date: 1974-03-14 Tags: legal Sources: Collett v. State, Court of Appeals of Georgia, 1974-03-14 (court record via CourtListener) - [confirmed] Lamoureux: People's clemency-usurpation argument In People v. Lamoureux, the People argued that Penal Code section 1170.95 usurps the Governor's executive clemency power in violation of separation of powers because it legally erases petitioners' murder convictions and attached penalties. Tags: legal,parole Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] OCGA 15-18-6 district attorney duties: attend superior court sessions, prosecute indictable offenses O.C.G.A. § 15-18-6 lists the duties of district attorneys, including to attend each session of the superior courts and remain until the business of the state is disposed of, and to prosecute all indictable offenses. Tags: legal Sources: Official Code of Georgia Annotated § 15-18-6 (GPS's copy of the Code) - [reported] Louisiana: Dick relied on Herrera, Bosworth, and Chase State v. Dick says that the Louisiana Supreme Court had not before addressed whether reducing a final sentence is the equivalent of commutation. For that point it relied on the Colorado Supreme Court's People v. Herrera, which held that a statute giving courts power to review sentences so as to apply reduced penalties retroactively is equivalent to the power of commutation and violates the Colorado constitution. For the governor's exclusive clemency power it cited Louisiana's own Bosworth v. Whitley and State v. Chase. Date: 2007-01-26 Tags: legal Sources: State v. Dick, 2007-01-26 (court record via CourtListener) - [reported] Texas Giles: legislature exceeded power in resentencing provision for pending appeals The Texas Court of Criminal Appeals held that the Legislature exceeded its power in enacting Section 6.01(c) of the Texas Controlled Substances Act insofar as it relates to criminal actions pending on appeal on its effective date, because it is violative of Article IV, Section 11 of the Texas Constitution, and that to hold otherwise would announce that the Legislature has authority to invest trial courts with the power to grant commutation after conviction upon written request, thus usurping the powers granted to the Governor by the Constitution. Date: 1973-12-05 Tags: legal,policy Sources: Ex Parte Giles, 1973-12-05 (court record via CourtListener) - [confirmed] Georgia Constitution: legislature may restrict pardon/parole for repeat and consecutive-life offenders Ga. Const. art. IV, § II, ¶ II(c) provides that, notwithstanding subparagraph (b), the General Assembly by law may prohibit the board from granting, and may prescribe terms and conditions for the board's granting, a pardon or parole to: (1) any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to life imprisonment; and (2) any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts. Tags: legal,parole,policy Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Act 131 (HB 582) Georgia Survivor Justice Act: code sections and effective date The Georgia Office of Legislative Counsel's summary for Act 131; HB 582 states that the Act "amends O.C.G.A. Sections 16-3-21, 16-3-26, 16-10-1, 17-10-1, 24-5-501, and 45-3-7 and enacts O.C.G.A. Sections 17-10-22 and 24-5-511," effective July 1, 2025. Date: 2025-07-01 Tags: legislation,legal,policy Sources: legis.ga.gov: 25sumdoc - [confirmed] Sentence Review Panel v. Moseley: unconstitutional statute void ab initio but double jeopardy bars retroactive application Sentence Review Panel v. Moseley states that "[t]he general rule is that an unconstitutional statute is wholly void and of no force and effect from the date it was enacted," subject to exceptions "where, because of the nature of the statute and its previous application, unjust results would accrue to those who justifiably relied on it," and held that double jeopardy barred retroactive application of its ruling to a defendant already granted a sentence reduction by the Panel, because "once a defendant has begun to serve a sentence, the constitutional principle of double jeopardy precludes an increase in punishment" absent statutory authorization for resentencing or the absence of a reasonable expectation of finality. Date: 2008-01-01 Tags: legal,policy Sources: Sentence Review Panel v. Moseley, Supreme Court of Georgia, 2008-07-07 (court record via CourtListener) - [confirmed] Survivor Justice Act signed May 12, 2025, effective July 1, 2025 The bill's status history shows it was signed by the Governor on 05/12/2025, assigned Act 131 on 05/12/2025, with an effective date of 07/01/2025. Date: 2025-01-01 Tags: legislation,policy Sources: Georgia General Assembly, 70670 - [confirmed] 1992 Act removed term-of-court limit on modification The new O.C.G.A. § 17-10-1(a) inserted by this Act states that the judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence, and that probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing, with no provision limiting the judge's authority to modify the sentence to the term of court or any fixed number of days after sentencing. Date: 1992-01-01 Tags: legal,policy Sources: Ga. L. 1992, p. 3221 (Acts and resolutions of the General Assembly of the state of Georgia 1992 [volume 1]) - [confirmed] Davis v. State (1941) follows Neal on lack of power to suspend sentence Davis v. State (Supreme Court of Georgia, 1941) followed Neal v. State on the lack of power in a judge to suspend a sentence and the correlative right of a judge thereafter to order that the original sentence be served. Date: 1941-09-09 Tags: legal Sources: Davis v. State, Supreme Court of Georgia, 1941-09-09 (court record via CourtListener) - [confirmed] Lamoureux: reversal of denial of SB 1437 petition The California Court of Appeal reversed the denial of a Senate Bill 1437 resentencing petition, holding the resentencing provision does not violate separation of powers, including the executive clemency power, and does not violate crime victims' rights. Tags: legal,parole Sources: Filed 11/19/19 (www4.courts.ca.gov) - [confirmed] OCGA 15-18-6: district attorney duty to draw indictments and handle appeals O.C.G.A. § 15-18-6 lists among the duties of the district attorney to draw up all indictments or presentments when requested by the grand jury and to prosecute all indictable offenses, and to attend before the appellate courts when a criminal case from the circuit is on appeal, argue it, and perform other duties the state's interest may require. Tags: legal Sources: Official Code of Georgia Annotated § 15-18-6 (GPS's copy of the Code) - [confirmed] Louisiana: State v. Lee struck down La. C.Cr.P. art. 930.10 The Louisiana Supreme Court in State v. Lee held that because Code of Criminal Procedure article 930.10 permits a court to overturn a final conviction without a finding of legal defect, the article unconstitutionally allows the judicial branch to exercise the governor's exclusive pardon power and therefore violates the separation-of-powers provision of the Louisiana Constitution. Tags: legal Sources: For Immediate News Release News Release #039 - [reported] State argues SJA not intended for Humphreys use At the Cobb County hearing, Senior Assistant Attorney General Sabrina Graham argued that the Legislature never intended for the Survivor Justice Act to be used in the manner Humphreys sought, and that the state contends his interpretation of the law conflicts with Georgia's long-standing death penalty sentencing procedures. Tags: legal,death,policy Sources: Hours before execution, inmate seeks relief through Georgia abuse survivor law | Courthouse News Service - [reported] Texas Giles: clemency power conferred by Constitution cannot be exercised by Legislature The Texas Court of Criminal Appeals reasoned that any statute which in any way abridges or infringes upon the power granted to the Governor by Article IV, Section 11 of the Texas Constitution would be unconstitutional, and when the power of clemency has been conferred by the Constitution, it cannot be exercised by the Legislature. Date: 1973-12-05 Tags: legal,policy Sources: Ex Parte Giles, 1973-12-05 (court record via CourtListener) - [confirmed] Georgia Constitution: board chairman may suspend execution of death sentence Ga. Const. art. IV, § II, ¶ II(d) provides that the chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board has an opportunity to hear the convicted person's application for any relief within the board's power. Tags: legal,death Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Sentence Review Panel v. Moseley ruling applies prospectively only The Supreme Court of Georgia held former OCGA § 17-10-6 unconstitutional because it vested judicial power in the Sentence Review Panel, a separate judicial forum, divesting trial courts of sentencing jurisdiction; but double jeopardy requires that ruling to apply prospectively only, so sentence reductions already granted by the Panel stand. Date: 2008-01-01 Tags: legal,policy Sources: Sentence Review Panel v. Moseley, Supreme Court of Georgia, 2008-07-07 (court record via CourtListener) - [confirmed] Heard v. Gill: courts generally lack power to modify sentence after term ends The Supreme Court of Georgia stated that it is the general rule that trial courts have no power, after the end of the term at which a sentence is imposed, to modify and change the sentence formerly imposed, and that a new judgment attempting to do so is a nullity, citing Porter v. Garmony, 148 Ga. 261 and Auldridge v. Womble, 157 Ga. 64. Date: 1948-09-14 Tags: legal Sources: Heard v. Gill, Supreme Court of Georgia, 1948-09-14 (court record via CourtListener) - [confirmed] Current § 42-8-34(g): judge retains jurisdiction during probated sentence Today's O.C.G.A. § 42-8-34(g) provides that the sentencing judge shall not lose jurisdiction over any person placed on probation during the term of the person's probated sentence, and is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or in any manner deemed advisable by the judge, modify or change the probated sentence, at any time during the period of time prescribed for the probated sentence to run. Tags: legal,policy Sources: Official Code of Georgia Annotated § 42-8-34 (GPS's copy of the Code) - [confirmed] Anderson v. Sentinel Offender Services explains Neal on probation tolling Anderson v. Sentinel Offender Services, LLC (Supreme Court of Georgia, 2016) explained Neal v. State in the context of having abrogated common law tolling for all probationers by express statutory enactment. Date: 2016-03-25 Tags: legal,parole Sources: Anderson v. Sentinel Offender Services, LLC, Supreme Court of Georgia, 2016-03-25 (court record via CourtListener) - [confirmed] Mamula: only executive may modify final sentence The Colorado Supreme Court in Mamula v. People stated that Crim.P. 35(b) adheres to the constitutional principle that only the executive department may modify a legally imposed criminal sentence after the conviction has become final, while reexamination before finality does not intrude on executive power. Date: 1993-03-08 Tags: legal,parole Sources: Mamula v. People, 1993-03-08 (court record via CourtListener) - [confirmed] OCGA 45-15-3 Attorney General duties in criminal and capital cases O.C.G.A. § 45-15-3 provides that it is the duty of the Attorney General, when required by the Governor, to participate on behalf of the state in criminal actions in which the district attorney is being prosecuted and in other criminal or civil actions to which the state is a party, and to represent the state in all capital felony actions before the Supreme Court. Tags: legal Sources: Official Code of Georgia Annotated § 45-15-3 (GPS's copy of the Code) - [confirmed] Louisiana: Article 930.10 permits courts to exercise governor's exclusive pardon power In State v. Lee the Louisiana Supreme Court held that Article 930.10's amendment of the jury's finding without a legal defect is an act of grace that the Constitution authorizes only the governor to take, so the article permits courts to exercise the governor's exclusive power to pardon those convicted of crimes, a violation of the separation-of-powers provision. Tags: legal Sources: For Immediate News Release News Release #039 - [reported] Parole board sole authority to commute death sentences The Georgia Board of Pardons and Paroles is the only state entity with the power to commute a death sentence, and its clemency hearings are not open to the public. Tags: legal,death,parole Sources: Hours before execution, inmate seeks relief through Georgia abuse survivor law | Courthouse News Service - [confirmed] Texas Constitution Art. IV § 11: Governor's reprieve, commutation, and pardon power Texas Constitution Article IV, Section 11 grants the Governor, after conviction and upon the recommendation of the Board of Pardons and Paroles, the power to grant reprieves and commutations of punishments and pardons. Tags: legal,policy Sources: Ex Parte Giles, 1973-12-05 (court record via CourtListener) - [confirmed] Georgia Constitution: board may pardon the innocent, issue medical reprieve, parole age 62+ Ga. Const. art. IV, § II, ¶ II(e) provides that, notwithstanding any other provision of the Paragraph, the Board has authority to pardon any person convicted of a crime who is subsequently determined to be innocent of the crime, or to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness, or to parole any person who is age 62 or older. Tags: legal,parole,medical Sources: acluga.org: ga constitution as amended through january 1 2017 - [confirmed] Sentence Review Panel v. Moseley cited State v. Philipps Later treatment: Sentence Review Panel v. Moseley, S.E.2d Ga followed State v. Philipps, Neb. N.W.2d Date: 2008-01-01 Tags: legal Sources: Sentence Review Panel v. Moseley, Supreme Court of Georgia, 2008-07-07 (court record via CourtListener) - [reported] Georgia Amendment 3 (August 1943) approved Georgia Amendment 3 was on the ballot as a legislatively referred constitutional amendment in Georgia on August 3, 1943, and it was approved. Date: 1943-08-03 Tags: legal,parole,policy Sources: Georgia Amendment 3, Board of Pardons and Paroles Measure (August 1943) - Ballotpedia - [confirmed] § 42-9-40(a) requires parole guidelines system Today's O.C.G.A. § 42-9-40(a) requires the State Board of Pardons and Paroles to adopt, implement, and maintain a parole guidelines system for determining parole action, to be used in determining parole actions on all inmates except those serving life sentences who will become statutorily eligible for parole consideration, and that the system shall be consistent with the board's primary goal of protecting society. Tags: legal,parole Sources: Official Code of Georgia Annotated § 42-9-40 (GPS's copy of the Code) - [confirmed] Hall v. State follows State v. Hart on inherent power to correct records Hall v. State (Court of Appeals of Georgia, 2008) followed State v. Hart, which held that a sentencing court has inherent power to correct its records at any time to show the true intent of the sentencing court at the time the original sentence was imposed. Date: 2008-05-22 Tags: legal Sources: Hall v. State, Court of Appeals of Georgia, 2008-05-22 (court record via CourtListener) - [confirmed] Colorado Constitution: Governor's reprieve, commutation, pardon power The Colorado Constitution gives the Governor power to grant reprieves, commutations and pardons after conviction for all offenses except treason and impeachment cases, subject to regulations prescribed by law on the manner of applying for pardons. Tags: legal,parole Sources: Section 7. Governor May Grant Reprieves and Pardons | Article IV. Executive Department | Colorado | 50 Constitutions - [confirmed] OCGA 45-15-35 Governor may direct Department of Law to prosecute matters O.C.G.A. § 45-15-35 provides that the Governor has the power to direct the Department of Law, through the Attorney General as head thereof, to institute and prosecute in the name of the state such matters, proceedings, and litigations as he shall deem to be in the best interest of the people of the state. Tags: legal Sources: Official Code of Georgia Annotated § 45-15-35 (GPS's copy of the Code) - [confirmed] Louisiana: Lee vacated order and reinstated conviction and sentence The Louisiana Supreme Court held La. C.Cr.P. art. 930.10 unconstitutional under the separation-of-powers clause because it lets a court overturn a final conviction without a finding of legal defect, an exercise of the governor's exclusive pardon power; it vacated the district court's order overturning Lee's second degree murder conviction and reinstated the conviction and sentence. Tags: legal Sources: For Immediate News Release News Release #039 - [reported] State argues SJA purpose is self-defense justification The State argued, through Senior Assistant Attorney General Sabrina Graham, that the purpose of the Survivor Justice Act is to provide defendants a justification for self-defense by offering evidence of family violence, dating violence, or child abuse committed by the alleged victim, and that it was not meant to give an inmate already sentenced to death a new opportunity, years after trial, to present mitigating evidence of childhood abuse not committed by the victims. Tags: legal,death,policy Sources: Hours before execution, inmate seeks relief through Georgia abuse survivor law | Courthouse News Service - [confirmed] Barton v. State: penalty fixed at date of crime The Court of Appeals of Georgia held in Barton v. State that "[i]t is the settled law of this State that where a crime is committed on a certain date, the penalty which attached to the crime on that date is the penalty exacted by our law," and that "making the lesser penalty applicable to offenses committed prior to the enactment of the legislation is contrary to the judicial interpretation of the courts of this State under which the penalty for a criminal offense relates only to those offenses committed when and after such legislation becomes effective." Date: 1950-01-01 Tags: legal Sources: Barton v. State, Court of Appeals of Georgia, 1950-06-20 (court record via CourtListener) - [confirmed] Neal v. State: judicial suspension would usurp executive clemency Neal v. State reasoned that if a judge can suspend the execution of a lawfully imposed sentence in whole or part at the court's pleasure, the court may indirectly grant a reprieve, commute a penalty, or remit any part of a sentence, and so practically exercise powers the constitution confers exclusively on the executive. Date: 1898-05-24 Tags: legal Sources: Neal v. State, Supreme Court of Georgia, 1898-05-24 (court record via CourtListener) - [reported] Elfrem Moore v. State follows State v. Hart on correcting disposition Elfrem Moore v. State (Court of Appeals of Georgia, 2026) followed State v. Hart, permitting correction of an error in final disposition. Date: 2026-09-08 Tags: legal Sources: Elfrem Moore v. State, Court of Appeals of Georgia, 2026-09-08 (court record via CourtListener) - [confirmed] Herrera: judicial post-conviction sentence reduction violates separation of powers In People v. Herrera the Colorado Supreme Court stated that the power to reduce a sentence after final conviction is the power of commutation, and any exercise of it by the judicial department, even if legislatively sanctioned, would violate separation of powers under Article III of the Colorado Constitution. Date: 1973-10-29 Tags: legal,parole Sources: People v. Herrera, 1973-10-29 (court record via CourtListener) - [confirmed] Louisiana Constitution: governor's reprieve, commutation, and pardon powers The Louisiana Constitution provides that the governor may grant reprieves and, upon favorable recommendation of the Board of Pardons, may commute sentences and pardon those convicted of offenses against the state. Tags: legal Sources: Louisiana Constitution (senate.la.gov) - [confirmed] 1994 proposed amendment No. 114 title Proposed Amendment to the Constitution No. 114 was Senate Resolution No. 395, captioned "STATE BOARD OF PARDONS AND PAROLES-POWERS; MANDATORY SERVICE OF SENTENCES; SENTENCES OF LIFE WITHOUT PAROLE." Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [reported] Stay order cites Humphreys case as potentially controlling The order staying Jenna Colley's sentencing stated that the decision in the Humphreys case may "provide controlling or persuasive authority... that could determine or materially affect the outcome of the sentencing ruling," and that "the court finds that a temporary stay of the sentencing ruling is appropriate to avoid potentially unnecessary or inconsistent rulings or proceedings, to promote uniformity in the application of the law." Tags: legal,case Sources: Jenna Colley sentencing paused until further notice - [reported] Davoric Tilman v. State follows State v. Hart on indeterminate sentences Davoric Tilman v. State (Court of Appeals of Georgia, 2023) followed State v. Hart regarding indeterminate sentences. Date: 2023-08-24 Tags: legal Sources: Davoric Tilman v. State, Court of Appeals of Georgia, 2023-08-24 (court record via CourtListener) - [confirmed] Herrera: statute authorizing retroactive sentence review invalid The Colorado Supreme Court in People v. Herrera affirmed denials of sentence review, holding that a statute authorizing post-conviction review of sentences for retroactive application of changed law invaded the Governor's exclusive commutation power under Article IV, Section 7 and violated separation of powers under Article III. Date: 1973-10-29 Tags: legal,parole Sources: People v. Herrera, 1973-10-29 (court record via CourtListener) - [confirmed] Louisiana: Esteen held legislature may make lenient penalties retroactive The Louisiana Supreme Court held that nothing in the constitution prohibits the legislature from enacting more lenient penalty provisions and declaring they be applied retroactively in the interest of fairness in sentencing. Date: 2018-01-30 Tags: legal Sources: State Ex Rel. John Esteen v. State of Louisiana, 2018-01-30 (court record via CourtListener) - [confirmed] 1994 amendment struck and replaced constitutional subparagraphs A resolution amending Ga. Const. art. IV, § II, ¶ II resolved that the Paragraph is amended by striking subparagraphs (b) and (e) in their entirety and inserting in lieu thereof new subparagraphs (b) and (e). Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [confirmed] Rooney v. State follows Terry v. Hamrick on parole conditions and separation of powers Rooney v. State (Court of Appeals of Georgia, 2011) followed Terry v. Hamrick, holding that because the Board of Pardons and Paroles has executive power regarding the terms and conditions of parole, a trial court violated the separation-of-powers provision when it imposed banishment from every county in Georgia except one as a condition of parole and probation. Date: 2011-08-09 Tags: legal,parole Sources: Rooney v. State, Court of Appeals of Georgia, 2011-08-09 (court record via CourtListener) - [confirmed] Herrera distinguished appellate sentence review before finality Herrera distinguished the Colorado legislature's provision for appellate review of sentences during the appeal process as a proper judicial function exercised before finality of a judgment of conviction. Date: 1973-10-29 Tags: legal Sources: People v. Herrera, 1973-10-29 (court record via CourtListener) - [confirmed] Louisiana: Esteen overruled State v. Dick State ex rel. Esteen v. State (La. 2018) overruled State v. Dick, finding the court erred in Dick to the extent it resolved the tension between the provisions by finding that the only avenue to gain the benefit of the more lenient penalty provisions retroactively is by application to the Risk Review Panel (subsequently amended to authorize application to the committee on parole); instead, the provisions can be harmonized in a way that avoids the separation of powers problem on which the holding of Dick depended. Date: 2018-01-30 Tags: legal,parole Sources: State Ex Rel. John Esteen v. State of Louisiana, 2018-01-30 (court record via CourtListener) - [confirmed] 1994 Sentence Reform Act citation Section 1 of the Act provided that it shall be known and may be cited as the Sentence Reform Act of 1994. Date: 1994-01-01 Tags: legal,policy Sources: Ga. L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]) - [reported] SJA provision: judge may depart from mandatory minimum when prosecutor and defendant agree A Filter report quotes the SJA as providing that in the court's discretion, the judge may depart from the mandatory minimum sentence when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. Tags: legal,policy Sources: "Georgia Survivor Justice Act" Defies the Tyranny of Mandatory Minimums - [confirmed] Shook v. State follows Terry v. Hamrick on banishment condition Shook v. State (Court of Appeals of Georgia, 2009) followed Terry v. Hamrick, which upheld banishment from all but one county in the state where the condition was not unreasonably related to the rehabilitative scheme of the sentence. Date: 2009-09-10 Tags: legal Sources: Shook v. State, Court of Appeals of Georgia, 2009-09-10 (court record via CourtListener) - [confirmed] Rupert reaffirmed Herrera In People v. Rupert the Colorado Supreme Court rejected arguments that Herrera was erroneous and reaffirmed its holding. Date: 1974-07-01 Tags: legal,parole Sources: People v. Rupert, Supreme Court of Colorado, 1974-07-01 (court record via CourtListener) - [confirmed] Louisiana: Johnson, C.J., concurred in overruling Dick In State ex rel. Esteen v. State, Johnson, C.J., concurring, fully agreed with the majority opinion, which correctly overruled State v. Dick. Date: 2018-01-30 Tags: legal Sources: State Ex Rel. John Esteen v. State of Louisiana, 2018-01-30 (court record via CourtListener) - [confirmed] Bradshaw v. State follows Terry v. Hamrick on statutory-change interpretation Bradshaw v. State (Supreme Court of Georgia, 2008) followed Terry v. Hamrick, declining to engraft onto every statutory change an interpretation that the legislature is making a pronouncement of constitutional magnitude. Date: 2008-11-25 Tags: legal Sources: Bradshaw v. State, Supreme Court of Georgia, 2008-11-25 (court record via CourtListener) - [confirmed] Herr: post-finality relief must come through executive commutation The Colorado Supreme Court in Herr v. People explained that once finality of sentence is achieved, any further relief must be obtained through the executive department by way of commutation, not through the judiciary, citing Herrera. Date: 2008-12-15 Tags: legal,parole Sources: Herr v. People, Supreme Court of Colorado, 2008-12-15 (court record via CourtListener) - [confirmed] Tyson v. State follows Terry v. Hamrick on reasonableness of banishment Tyson v. State (Court of Appeals of Georgia, 2009) followed Terry v. Hamrick, noting that the condition of banishment must not be unreasonable or otherwise fail to bear a logical relationship to the rehabilitative scheme of the sentence pronounced. Date: 2009-11-23 Tags: legal Sources: Tyson v. State, Court of Appeals of Georgia, 2009-11-23 (court record via CourtListener) - [confirmed] Terry v. Hamrick: parole-condition banishment violates separation of powers On habeas, the Supreme Court of Georgia in Terry v. Hamrick held that a sentencing provision making banishment a condition of parole violated the separation-of-powers clause, because the Board of Pardons and Paroles holds executive power over parole terms and conditions; that portion of the sentence had to be vacated, while banishment as a condition of probation was upheld. Date: 2008-06-30 Tags: legal,parole Sources: Terry v. Hamrick, Supreme Court of Georgia, 2008-06-30 (court record via CourtListener) - [confirmed] Terry v. Hamrick rests on OCGA §§ 42-9-40, 42-9-44 and Stephens v. State In Terry v. Hamrick, the Supreme Court of Georgia rested its separation-of-powers ruling on the statutes giving the Board of Pardons and Paroles power over parole terms (O.C.G.A. §§ 42-9-40, 42-9-44) and on the Court of Appeals' decision in Stephens v. State. Date: 2008-06-30 Tags: legal,parole Sources: Terry v. Hamrick, Supreme Court of Georgia, 2008-06-30 (court record via CourtListener) - [confirmed] Federal Second Look Act introduced as H.R. 8549 (119th Congress) The federal 'Second Look Act' bill was introduced by Ms. Kamlager-Dove (for herself, Mrs. McIver, Ms. Velázquez, Ms. Tlaib, Mr. Johnson of Georgia, Mr. Jackson of Illinois, Ms. Simon, Mr. Cohen, and Mr. Thanedar) and referred to the Committee on the Judiciary. Tags: legal,policy,reentry Sources: govinfo.gov: BILLS 119hr8549ih CASE DETAILS (21) ---------------------------------------- - [reported] Judge Browning stays Humphreys execution for Survivor Justice Act hearing Cobb County Superior Court Judge Tyler Browning issued a stay of execution late Tuesday for Stacey Humphreys to allow a hearing provided for under the Georgia Survivor Justice Act. Tags: legal,death,policy Sources: Judge halts Ga. execution to allow hearing for condemned man under new survivor justice law - [reported] Nicole Boynton sentenced to life for 1999 stabbing In 1999, an 18-year-old new mother in Marietta stabbed her then-boyfriend and father of her infant son during an argument that turned physical. Despite immediately calling 911 to save his life, she was convicted in 2002 of felony murder and aggravated assault and sentenced to life in prison. Tags: legal,parole,reentry Sources: Georgia Law Gives Abuse Survivors Second Chances - [reported] Nicole Boynton first released under Survivor Justice Act Gov. Brian Kemp signed the Survivor Justice Act in May, and eight months later, on Jan. 5, Nicole Boynton became the first person to be resentenced and released under the law. Her life sentence was vacated and she was resentenced to time served after having been incarcerated for 23 years. Tags: legal,parole,reentry,policy Sources: Georgia Law Gives Abuse Survivors Second Chances - [reported] Doe v. United States: trial court found defendant no longer a danger under IRAA In the Doe v. United States IRAA appeal, the trial court at the resentencing hearing found that Mr. Doe had proven he is no longer a danger to the community and that the interests of justice require a sentence reduction. The government did not oppose the sentence-reduction motion itself, though it sought a longer probation period; no separation-of-powers or clemency challenge to the IRAA appears in the opinion. Tags: legal,parole,reentry Sources: Notice: This opinion is subject to formal revision before publication in the Atlantic - [reported] Stacey Humphreys conviction details Stacey Humphreys, 53, was convicted of malice murder in the 2003 killings of two real estate agents, 33-year-old Cyndi Williams and 21-year-old Lori Brown, in an Atlanta suburb. Date: 2003-01-01 Tags: legal,death Sources: Judge halts Ga. execution to allow hearing for condemned man under new survivor justice law - [reported] Humphreys execution stayed two days after petition The trial court granted the stay of Stacey Humphreys' execution on Sept. 15, two days after Humphreys filed a petition claiming his death sentence should be mitigated due to evidence of past physical and mental abuse and neglect. Tags: legal,death,mental_health Sources: Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta - [reported] Nicole Boynton resentencing celebration January 22, 2026 A photo caption from a January 22, 2026 event states the awards reference the judge's release papers and the district attorney's consent to Nicole Boynton's resentencing. Date: 2026-01-22 Tags: legal,parole,reentry Sources: A Black woman's freedom marks the first test of Georgia's Survivor Justice Act - [confirmed] State v. Hart disposition: conformed sentence vacated, remanded for resentencing On the State's appeal, the Court of Appeals held the sentencing court had inherent power (not superseded by OCGA § 17-10-1(f)) to conform the recorded sentence to its original intent, but the intended sentence was indeterminate and void, so it vacated the conformed sentence, remanded for resentencing, and affirmed removal of the detainer. Date: 2003-08-28 Tags: legal Sources: State v. Hart, Court of Appeals of Georgia, 2003-08-28 (court record via CourtListener) - [reported] Judge Browning sends Humphreys questions to Supreme Court Cobb County Superior Court Judge Tyler J. Browning signed an order sending key legal questions regarding Stacey Ian Humphreys directly to the Supreme Court of Georgia. Tags: legal,death Sources: Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta - [confirmed] Stephens: sentence vacated for parole condition; remanded for resentencing The Court of Appeals of Georgia vacated a sentence that made waiver of Fourth Amendment rights a condition of any future parole, reasoning that the Constitution and statutes give the Board of Pardons and Paroles executive power over parole terms and conditions, so a court's parole condition is a nullity. The conviction was affirmed and the case remanded for resentencing. Date: 1993-03-08 Tags: legal,parole,policy Sources: Stephens v. State, Court of Appeals of Georgia, 1993-03-08 (court record via CourtListener) - [reported] Nicole Boynton convicted of felony murder and aggravated assault in Cobb County Nicole Boynton, convicted of felony murder and aggravated assault in Cobb County after being indicted in 2001, was sentenced to life; prosecutors indicted her in 2001 and the following year a jury convicted her. She says she later learned there had been a plea offer for 15 years, information she says she didn't have when it mattered. Tags: legal,parole Sources: A Black woman's freedom marks the first test of Georgia's Survivor Justice Act - [reported] Jenna Colley convicted of felony murder of boyfriend Ken Covin in Dougherty County Jenna Colley was convicted in February of the murder of her boyfriend, Ken Covin, a well-known youth coach and former athlete in Dougherty County. Colley was found guilty of felony murder, among other charges. Tags: legal,violence Sources: Dougherty County woman back in court over 2024 murder of her boyfriend - [confirmed] von Thomas: no void-sentence claim asserted, sentencing court lacked jurisdiction The Supreme Court of Georgia held that von Thomas did not assert a claim that his sentence was void, so the sentencing court was without jurisdiction to vacate his sentence, and the Supreme Court vacated the Court of Appeals' decision and remanded for dismissal of the motion. Date: 2013-09-09 Tags: legal Sources: von Thomas v. State, 2013-09-09 (court record via CourtListener) - [reported] Attorney General appealed Humphreys stay; Georgia Supreme Court did not overturn The Georgia Attorney General's office appealed the Cobb County Superior Court's decision staying Stacey Humphreys' execution, and the Georgia Supreme Court's order did not overturn the stay. Tags: legal,death Sources: Georgia inmate spared from Wednesday execution; court debates new law | Georgia | thecentersquare.com - [reported] Stacey Ian Humphreys convicted in 2007 in Cobb County Stacey Ian Humphreys was convicted in 2007 on charges of malice murder, felony murder, aggravated assault, armed robbery and kidnapping with bodily injury in Cobb County. Date: 2007-01-01 Tags: legal,death Sources: Georgia inmate spared from Wednesday execution; court debates new law | Georgia | thecentersquare.com - [reported] Humphreys clemency hearing date A photo caption identifies Stacey Humphreys' clemency hearing before the Georgia Board of Pardons and Paroles as occurring on Tuesday, Sept. 15, 2026. Date: 2026-01-01 Tags: legal,death Sources: Execution put on hold for man convicted of double murder in Cobb - [reported] Nicole Boynton resentenced to time served under Georgia Survivor Justice Act Nicole Boynton's life sentence was vacated and she was resentenced to time served on January 5, 2026, by Judge Angela Brown in the Superior Court of Cobb County, Georgia, and released from prison. Date: 2026-01-05 Tags: legal,reentry,policy Sources: Alston & Bird Pro Bono Team Secures Precedent-Setting Victory Under the Georgia Survivor Justice Act | News & Insights | Alston & Bird - [reported] Cobb County DA consented to Boynton resentencing relief Shortly before Nicole Boynton's resentencing hearing, the Cobb County district attorney consented to the relief requested in her Survivor Justice Act resentencing petition, and the court ruled that Boynton was entitled to resentencing pursuant to the SJA. Date: 2026-01-01 Tags: legal,policy Sources: Alston & Bird Pro Bono Team Secures Precedent-Setting Victory Under the Georgia Survivor Justice Act | News & Insights | Alston & Bird - [reported] Nicole Boynton first person resentenced under 2025 Georgia Survivor Justice Act Nicole Boynton was the first person serving an active sentence to be successfully resentenced under the Georgia Survivor Justice Act, which was enacted in 2025. Tags: legal,policy,reentry Sources: Alston & Bird Pro Bono Team Secures Precedent-Setting Victory Under the Georgia Survivor Justice Act | News & Insights | Alston & Bird - [reported] Jenna Colley status hearing before Judge Denise Marshall on Survivor Justice Act sentencing Jenna Colley, a Dougherty County mother awaiting sentencing in connection with the murder of her children's father, had a status hearing at which Judge Denise Marshall heard arguments about Colley being sentenced according to the Georgia Survivor Justice Act. Tags: legal,violence Sources: Will ‘Georgia Survivor Justice Act’ be applied for a Dougherty County mother? - [reported] Dougherty County judge stays Jenna Colley sentencing Dougherty County Judge Denise Marshall issued an order staying the sentencing ruling for Jenna Colley, who was convicted of killing her children's father. The sentencing date is on hold. Tags: legal,case Sources: Jenna Colley sentencing paused until further notice QUOTES (11) ---------------------------------------- - [reported] Browning: Survivor Justice Act text not limited to abuse-victim cases In his ruling staying the execution, Judge Browning wrote that while the Survivor Justice Act "may make more logical sense as a legal vehicle exclusive to abuse victims who commit crimes against their abusers," the language of the law does not limit it to such cases. Tags: legal,policy Sources: Judge halts Ga. execution to allow hearing for condemned man under new survivor justice law - [reported] Rep. Stan Gunter quote on Survivor Justice Act passage The bill's lead sponsor, Republican state Rep. Stan Gunter, said: "The passage of the Survivor Justice Act brings us one step closer to protecting survivors of abuse, ensuring judicial discretion in sentencing, and protecting families." Tags: legal,policy Sources: Georgia Moves to Protect Survivors of Domestic Abuse - [reported] Sen. Bo Hatchett quote on HB 582 and survivor sentencing The Senate sponsor carrying the bill, Sen. Bo Hatchett, said: "House Bill 582 would prevent survivors from serving long sentences for conduct needed for their own survival," and "House Bill 582 would allow Georgia's criminal law to catch up with society's modern understanding of domestic violence dynamics." Tags: legal,policy Sources: Georgia bill to reduce prison sentences for domestic violence survivors on its way to becoming law - [reported] Georgia Supreme Court to consider SJA questions in ordinary course in Humphreys appeal The Supreme Court of Georgia stated, regarding Humphreys' case, that given the important and novel questions regarding the newly enacted Survivor Justice Act raised by the litigation, the appeal would be considered in the ordinary course of business according to a forthcoming scheduling order, signed by all justices except Justice Andrew Pinson. Tags: legal,death Sources: Georgia inmate spared from Wednesday execution; court debates new law | Georgia | thecentersquare.com - [confirmed] Jane Doe v. Vaughn: prosecutor's statement refusing consent to anything At the hearing in Jane Doe v. Vaughn, the District Attorney, representing the State, responded that "The State doesn't consent to anything. And, you know, we don't tell who to file and who not to file things. And we certainly don't consent to any aspect of this petition." Date: 2020-10-21 Tags: legal Sources: Jane Doe v. Timothy Vaughn, in His Official Capacity as Pulaski County District Attorney, Court of Appeals of Georgia, 2020-10-21 (court record via CourtListener) - [reported] Georgia Supreme Court leaves Humphreys stay undisturbed The Georgia Supreme Court's order on Humphreys' stay stated: "Given the important and novel questions regarding the newly enacted SJA raised by this litigation, this appeal will be considered in the ordinary course of business and according to a forthcoming scheduling order. We leave undisturbed the stay order issued by the Cobb County Superior Court." Date: 2026-01-01 Tags: legal,death Sources: Execution put on hold for man convicted of double murder in Cobb - [reported] Rep. Stan Gunter responds to Rep. Santos on Survivors Justice Act On the Georgia House floor, in response to Rep. Mary Ann Santos's statement that she was a domestic violence survivor and question about the bill, "Thank you, well said," said the Georgia Survivors Justice Act author, Republican Rep. Stan Gunter of Blairsville. Tags: legislation,policy Sources: Lawmakers Huddle: House members share personal stories behind 2 new Georgia laws | Georgia Public Broadcasting - [reported] Rep. Mary Ann Santos on HB 582 and survivor sentencing Rep. Mary Ann Santos told GPB after watching Governor Kemp sign HB 582: "House Bill 582 is a really important bill from my aspect as a survivor myself of domestic violence," and "I think that this 582 will really help other survivors. It's going to allow the courts to take into consideration their experiences during sentencing." Tags: legislation,policy Sources: Lawmakers Huddle: House members share personal stories behind 2 new Georgia laws | Georgia Public Broadcasting - [reported] Committee presenter describes Survivors Justice Act scope At a House Judiciary Committee hearing on the Georgia Survivors Justice Act, the bill's chairman/presenter described the bill: "This involves individuals that were in a domestic relationship that was violent and that were either coerced into committing a crime," and explained the bill would provide mitigation at sentencing. Tags: legislation,policy Sources: Committee advances 'Georgia Survivors Justice Act' after extended debate over duress and murder charges | Citizen Portal - [reported] Sponsor describes HB 582 as relief for coerced domestic-abuse defendants At a House Judiciary Non-Civil Committee hearing, the bill's sponsor described it as relief for people who committed crimes under coercion in the context of domestic abuse, saying: "This involves individuals that were in a domestic relationship that was violent and that were either coerced into committing a crime." Tags: legislation,policy Sources: Committee advances 'Georgia Survivors Justice Act' after extended debate over duress and murder charges | Citizen Portal - [reported] Georgia Amendment 3 ballot title: transfer pardon power from Governor to Board Georgia Amendment 3's ballot title read: "FOR ratification of Amendment to Article 5, Section 1, Paragraph 12, of the Constitution of Georgia, so as to take from the Governor all power to grant reprieves, pardons, commute penalties, remove disabilities, remit or suspend sentences, except as to suspension of death and treason sentences; and to provide for a State Board of Pardon and Paroles; and for other purposes." Date: 1943-08-03 Tags: legal,parole,policy Sources: Georgia Amendment 3, Board of Pardons and Paroles Measure (August 1943) - Ballotpedia POLICYS (3) ---------------------------------------- - [reported] Survivor Justice Act hearing: prosecutor consent or opposition, judge decides At the hearing on a Survivor Justice Act resentencing petition, the prosecuting attorney can choose to consent to the petition or oppose it, and a judge will ultimately decide whether to order resentencing. Tags: legal,policy,parole Sources: Survivor Justice Act: Resentencing — Process Summary - [reported] Prosecutor-consent pathway: 'best interests of justice' standard, no strict evidentiary standards Under the prosecutor-consent pathway of the Survivor Justice Act, if a prosecutor agrees to resentencing, a person can petition a judge to grant resentencing 'in the best interests of justice'; there are no strict evidentiary standards to meet, only a showing that it is in the best interests of justice to reduce the sentence. Tags: legal,policy,parole Sources: Survivor Justice Act: Resentencing — Process Summary - [reported] Survivor Justice Act petition service and hearing requirement When a petition is filed in court, the petitioner must serve the prosecuting attorney with a copy; the court must grant a hearing unless it finds serious doubts about whether the facts asserted in the petition are true. Tags: legal,policy Sources: Survivor Justice Act: Resentencing — Process Summary STATISTICS (23) ---------------------------------------- - [reported] GDC active inmates by sentence length: life, LWOP, death, total GDC's Inmate Statistical Profile of all active inmates shows a "Prison Sentence In Years" distribution with a Life sentence total of 8,047, a Life Without Parole total of 2,443, a Death sentence total of 33, and a Grand Total of 53,263 active inmates. Value: 53263.0 active inmates Tags: demographics,policy Sources: Inmate Statistical Profile, profileallinmates202610 - [estimated] Active inmates with sentences longer than 10 years: 41,622 GDC's Inmate Statistical Profile of all active inmates shows that active inmates with a sentence longer than 10 years, summing the 10.1-12, 12.1-15, 15.1-20, 20.1-Over, Life, Life Without Parole, and Death categories, total 41,622. Value: 41622.0 inmates Tags: demographics,policy Sources: Inmate Statistical Profile, profileallinmates202610 - [estimated] Active inmates aged 50 and above: 13,020 GDC's Inmate Statistical Profile of all active inmates shows that active inmates aged 50 and above, summing the Fifties, Sixties, and Seventy-plus age-group totals, number 13,020. Value: 13020.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [estimated] Active inmates who have served 27 or more years: 2,699 GDC's Inmate Statistical Profile of all active inmates shows that active inmates who have served from 27 up through Thirty or more years (jail plus prison) in their current incarceration, summing the "27 to 27.99 years" through "Thirty + years" categories, total 2,699. Value: 2699.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [confirmed] 1994 Amendment 2 passed with 81.3% support Georgia Amendment 2 of 1994 was approved by 81.30% (1,088,682 votes) in favor to 18.70% (250,358 votes) against, out of an officially certified total of 1,339,040 votes. Value: 81.3 percent (vs. 18.7 against) Date: 1994-01-01 Tags: legal,policy Sources: Georgia Amendment 2, Mandatory Sentences and Restrictions on Pardons and Paroles Amendment (1994) - Ballotpedia - [estimated] Active inmates who have served 10 to 17.99 years: 6,989 GDC's Inmate Statistical Profile of all active inmates shows that active inmates who have served from 10 up through 17.99 years (jail plus prison) in their current incarceration, summing the "10 to 10.99 years" through "17 to 17.99 years" categories, total 6,989. Value: 6989.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [estimated] Active inmates who have served 18 to 26.99 years: 3,311 GDC's Inmate Statistical Profile of all active inmates shows that active inmates who have served from 18 up through 26.99 years (jail plus prison) in their current incarceration, summing the "18 to 18.99 years" through "26 to 26.99 years" categories, total 3,311. Value: 3311.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [estimated] Active inmates who have served 20 to 26.99 years: 2,240 GDC's Inmate Statistical Profile of all active inmates shows that active inmates who have served from 20 up through 26.99 years (jail plus prison) in their current incarceration, summing the "20 to 20.99 years" through "26 to 26.99 years" categories, total 2,240. Value: 2240.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [confirmed] FY24 life without parole population 2,033 GDC's FY2024 Annual Report states that the number of offenders serving life without parole increased from 731 at the end of FY12 to 2,033 at the end of FY24, an increase of over 178%. Value: 2033.0 offenders (vs. 731 FY12) Tags: legal,policy,demographics Sources: FY24 Annual Report - [estimated] Active inmates who have served 15 to 17.99 years: 1,872 GDC's Inmate Statistical Profile of all active inmates shows that active inmates who have served from 15 up through 17.99 years (jail plus prison) in their current incarceration, summing the "15 to 15.99 years" through "17 to 17.99 years" categories, total 1,872. Value: 1872.0 inmates Tags: demographics Sources: Inmate Statistical Profile, profileallinmates202610 - [reported] GDC Friday Report: Seven Deadly Sins population and percent for Aug-26 and Sep-26 GDC's Friday Report table shows the Seven Deadly Sins subpopulation count and percent of total population for Sep-26 as 17,444 and 34.47%, and for Aug-26 as 17,468 and 34.29% Value: 17444.0 people (vs. 17468 previous month population) Tags: demographics,facilities Sources: Friday Report - overview and contents - [confirmed] FY24 life and death sentenced population 9,822 GDC's FY2024 Annual Report states that the number of offenders sentenced to life, life without parole, or death sentence rose from 7,990 at the end of FY12 to 9,822 at the end of FY24, and the number under death sentence decreased from 94 to 34. Value: 9822.0 offenders (vs. 7990 FY12) Tags: legal,policy,demographics Sources: FY24 Annual Report - [reported] Active life-sentence inmates aged 50+ number 3,564 out of 8,041 GDC's Inmate Statistical Profile of Active Lifers shows active life-sentence inmates aged 50 and above, summing the Fifties, Sixties, and Seventy-plus age-group totals, number 3,564, out of a grand total of 8,041 active lifers Value: 3564.0 inmates (vs. 8041 total active lifers) Date: 2026-05-01 Tags: demographics,parole Sources: Inmate Statistical Profile, profile life sentence 2026 05 - [reported] Georgia General Assembly composition: 56 Senate, 180 House The Georgia General Assembly's Senate has 56 members while the House of Representatives has 180. Value: 56.0 Senate members (vs. 180 House members) Tags: policy,legal Sources: Georgia General Assembly - Wikipedia - [confirmed] FY24 lifers earning GEDs: 51 total GDC's FY2024 Annual Report lists Lifers who Earned GEDs in FY24 as 35 for Life with Parole, 16 for Life without Parole, totaling 51. Value: 51.0 GEDs Tags: reentry,policy Sources: FY24 Annual Report - [reported] Active LWOP inmates aged 50+ number 795 out of 2,320 GDC's Inmate Statistical Profile of Active Life Without Parole inmates shows LWOP inmates aged 50 and above, summing the Fifties, Sixties, and Seventy-plus age-group totals, number 795, out of a grand total of 2,320 active LWOP inmates Value: 795.0 inmates (vs. 2320 total active LWOP inmates) Date: 2026-01-01 Tags: demographics,parole Sources: Inmate Statistical Profile, profile life wo parole 2026 01 - [confirmed] House passage of bill 70670 (Survivor Justice Act): 166-2 The Georgia House of Representatives passed the bill by a vote of 166 yea, 2 nay, 5 not voting, and 7 excused (House Vote #254, 03/06/2025). Value: 166.0 yea votes (vs. 2 nay votes) Date: 2025-03-06 Tags: legislation,policy Sources: Georgia General Assembly, 70670 - [confirmed] FY24 death sentenced population 34 GDC's FY2024 Annual Report states the number of offenders under death sentence decreased from 94 at the end of FY12 to 34 at the end of FY24, a 64% decline. Value: 34.0 offenders (vs. 94 FY12) Tags: legal,death,demographics Sources: FY24 Annual Report - [confirmed] Senate passage of bill 70670 by substitute: 53-1 The Georgia Senate passed the bill by substitute by a vote of 53 yea, 1 nay, 1 not voting, and 1 excused (Senate Vote #407, 04/02/2025). Value: 53.0 yea votes (vs. 1 nay votes) Date: 2025-04-02 Tags: legislation,policy Sources: Georgia General Assembly, 70670 - [confirmed] FY25 life without parole population 2,192 GDC's FY2025 Annual Report states that the number of offenders serving life without parole increased from 731 at the end of FY12 to 2,192 at the end of FY25, an increase of 200%. Value: 2192.0 offenders (vs. 731 FY12) Tags: legal,policy,demographics Sources: FY25 (gdc.georgia.gov) - [confirmed] House agreement to Senate substitute: 164-0 The Georgia House of Representatives agreed to the Senate substitute by a vote of 164 yea, 0 nay, 5 not voting, and 11 absent (House Vote #417, 04/04/2025). Value: 164.0 yea votes Date: 2025-04-04 Tags: legislation,policy Sources: Georgia General Assembly, 70670 - [confirmed] FY25 life and death sentenced population 10,052 GDC's FY2025 Annual Report states that the number of offenders sentenced to life, life without parole, or death sentence rose from 7,990 at the end of FY12 to 10,052 at the end of FY25, and the number under death sentence decreased from 94 to 33. Value: 10052.0 offenders (vs. 7990 FY12) Tags: legal,policy,demographics Sources: FY25 (gdc.georgia.gov) - [confirmed] FY25 death sentenced population 33 GDC's FY2025 Annual Report states the number of offenders under death sentence decreased from 94 at the end of FY12 to 33 at the end of FY25, a 65% decline. Value: 33.0 offenders (vs. 94 FY12) Tags: legal,death,demographics Sources: FY25 (gdc.georgia.gov) DATASETS (2) ---------------------------------------- # GDC Friday Report: Seven Deadly Sins population and percent of total, Aug-26 to Sep-26 Monthly counts and percentages of the 'Seven Deadly Sins' subpopulation within GDC's total population. Month Seven Deadly Sins Population Percent of Total Population ------------------------------------------------------------------- Aug-26 17468 34.29 Sep-26 17444 34.47 # Georgia General Assembly votes on bill 70670 (Survivor Justice Act), 2025 Recorded floor votes on the Survivor Justice Act in the Georgia House and Senate. Date Chamber Vote Number Yea Nay Not Voting Excused/Absent ------------------------------------------------------------------------ 2025-03-06 House 254 166 2 5 7 2025-04-02 Senate 407 53 1 1 1 2025-04-04 House 417 164 0 5 11 KEY ENTITIES (219) ---------------------------------------- - Alabama Constitution [legislation]: State constitution allocating clemency and pardon-regulation powers. - Alabama Court of Criminal Appeals [organization]: Alabama intermediate appellate court; decided Holt, Malloy, Burns, Prestwood, and Robinson. - Alabama Supreme Court [organization]: Highest court of Alabama; decided Kirby and Ex parte State. - Alston & Bird [organization]: Law firm whose attorneys Erin Edwards and Heeth Varnedoe handled Nicole Boynton's resentencing case. - Anderson v. Sentinel Offender Services, LLC [case]: 2016 Supreme Court of Georgia decision explaining Neal v. State on probation tolling. - Andrew Pinson [person]: Justice of the Supreme Court of Georgia who did not sign the Humphreys order. (aka: Justice Andrew Pinson) - Auldridge v. Womble [case]: 157 Ga. 64 case cited in Heard v. Gill on sentence modification. - Baker v. State [case]: 2006 Georgia Supreme Court decision upholding OCGA § 16-5-60(b) against a vagueness challenge, distinguishing Hall. - Ballard v. State [case]: 2025 Supreme Court of Georgia decision holding a § 42-8-66 petition may be denied without a hearing absent prosecutorial consent. - Barton v. State [case]: 1950 Court of Appeals of Georgia case holding that the penalty for a crime is fixed at the date of the offense. - Bo Hatchett [person]: Republican state senator carrying HB 582 in the Senate. - Board of Pardons and Paroles [organization]: Georgia state agency involved in corrections spending, mentioned as part of the broader criminal justice corrections apparatus exceeding $2 billion. - Bosworth v. Whitley [case]: Louisiana case cited in State v. Dick for the governor's exclusive clemency power. - Bradberry v. State [case]: 2012 Court of Appeals of Georgia decision explaining Williams v. State on jurisdiction to correct illegal sentences. - Bradshaw v. State [case]: 2008 Georgia Supreme Court case stating the Parole Board's power is constitutionally vested and discretionary. - Brian Kemp [person]: Governor of Georgia who proposed $600 million in emergency spending over 18 months for prison reform in January 2025. (aka: Governor Kemp) - Buice v. Bryan [case]: Earlier Georgia case cited in Johns v. State (212 Ga. 508 (4), 93 SE2d 676). - Burns v. State [case]: 2004 Alabama Court of Criminal Appeals decision following Kirby. - California Constitution [legislation]: State constitution whose Article V, Section 8 vests clemency authority in the Governor. - California Court of Appeal [organization]: California intermediate appellate court; decided Lamoureux. - Campbell v. State [case]: 1997 Supreme Court of Georgia decision addressing the Sentence Reform Act and OCGA § 17-10-6.1 parole bars for serious violent felonies. - Charron v. State Board of Pardons & Paroles [case]: 253 Ga. 274, 319 S.E.2d 453 (1984); Georgia Supreme Court decision on the independence of the Parole Board and constitutional limits on legislative control of its discretion. (aka: Charron) - Chris Cohilas [person]: Legal expert quoted on the Jenna Colley case and the Survivor Justice Act. - Cobb County District Attorney [organization]: Prosecutorial office that consented to Nicole Boynton's resentencing relief. (aka: Cobb County DA) - Cobb County Superior Court [facility]: Court that issued the stay of execution in the Humphreys case. - Code Ann. § 77-320.1 [legislation]: Georgia earned-time statute cited in Johns v. State for computing remainder of sentence. - Collett v. State [case]: 1974 Court of Appeals of Georgia decision following Neal v. State on lack of authority to suspend sentences. - Collins v. State [case]: 2006 Georgia Court of Appeals case holding that positive field test results are alone sufficient to sustain a drug conviction without crime lab confirmation (aka: Collins v. State, 278 Ga. App. 103) - Colorado Constitution [legislation]: State constitution whose Article IV, Section 7 vests clemency power in the Governor and Article III embodies separation of powers. - Colorado Supreme Court [organization]: Highest court of Colorado; decided In re Question Concerning State Judicial Review of Parole Denial. - Colson v. State [case]: 2011 Court of Appeals of Georgia decision following Williams v. State on jurisdiction to modify sentences after term. - Committee on the Judiciary [organization]: Congressional committee to which the Second Look Act was referred. - Commonwealth v. Sutley [case]: Pennsylvania Supreme Court decision holding a 1973 resentencing amendment unconstitutional as a legislative impairment of final judgments. (aka: 474 Pa. 256, 378 A.2d 780 (1977)) - Connecticut Sentence Review Act [legislation]: Connecticut statute authorizing a sentence review division of Superior Court judges to let a defendant's original sentence stand, increase it, or decrease it. (aka: General Statutes §§ 51-194 through 51-197) - Connecticut Supreme Court [organization]: Highest court in Connecticut. - Cook v. State [case]: Georgia Supreme Court decision holding that a motion for out-of-time appeal is not a legally cognizable vehicle for seeking relief for constitutional violations in the trial court - Court of Appeals of Georgia [organization]: Intermediate appellate court of Georgia; issued the Mincey v. State decision. - Crumbley v. State [case]: 1991 Georgia case cited for the definition of a void sentence: one imposing punishment the law does not allow. - Cyndi Williams [person]: 33-year-old real estate agent killed in 2003; victim in the Humphreys case. - D.C. Code § 24-403.03 [legislation]: D.C. statute permitting court reduction of a prison term for offenses committed before age 25 after at least 15 years served, upon findings of no danger and interests of justice. (aka: IRAA, Incarceration Reduction Amendment Act, § 24–403.03) - Daker v. Ray [case]: Georgia Supreme Court case limiting mandamus availability when habeas corpus is available as an alternative remedy. - Davis v. State (1941) [case]: 1941 Supreme Court of Georgia decision following Neal v. State on lack of judicial power to suspend sentences. - Davis v. State (2017) [case]: 2017 Court of Appeals of Georgia decision holding courts bound by the Board of Pardons and Paroles' exclusive executive pardon power. (aka: Davis v. the State) - Davoric Tilman v. State [case]: 2023 Court of Appeals of Georgia decision following State v. Hart on indeterminate sentences. - Dawson v. Sisk [case]: Supreme Court of Iowa decision (1942) following Neal v. State (Ga.) on denial of right to suspend sentence after pronouncement. - Denise Marshall [person]: Judge who heard arguments in the Jenna Colley status hearing regarding Survivor Justice Act sentencing. (aka: Judge Denise Marshall) - Department of Law [organization]: Georgia Department of Law, headed by the Attorney General, which the Governor may direct to institute and prosecute matters under OCGA § 45-15-35. - Doe v. United States [case]: D.C. Court of Appeals IRAA appeal in which the trial court found the defendant no longer a danger and the interests of justice required a sentence reduction. (aka: 24-CO-0031) - Donald v. Commissioner of Correction [case]: Connecticut Appellate Court decision (2022) following State v. Nardini. - Dougherty County [facility]: Georgia county with the tenth-highest number of reported Index crimes in 1988 (9,749). (aka: Dougherty) - DVSJA [legislation]: New York statute offering domestic violence survivors the opportunity to seek reduced sentences at a judge's discretion. (aka: Domestic Violence Survivors Justice Act) - Eleventh Circuit Court of Appeals [organization]: Federal appeals court controlling litigation from Georgia, Florida, and Alabama; adopted 'ordinary firmness' test for retaliation claims (aka: Eleventh Circuit) - Elfrem Moore v. State [case]: 2026 Court of Appeals of Georgia decision following State v. Hart on correcting final disposition. - Enrique Martinez v. State [case]: Texas Court of Appeals (El Paso) decision explaining Ex parte Giles. - Ex parte Giles [case]: Texas Court of Criminal Appeals decision holding that a statute allowing defendants to elect resentencing under lighter penalties was an unconstitutional commutation of sentence reserved to the Governor. (aka: Ex Parte Giles, 502 S.W.2d 774 (Tex. Crim. App. 1973)) - Ex parte Hayden [case]: Texas case cited in Gilderbloom and Ex Parte Minjares regarding adult probation law. - Ex parte Lo [case]: Texas Court of Criminal Appeals decision quoting Ex parte Giles on separation of powers. (aka: Lo, Ex Parte John Christopher) - Ex Parte Minjares [case]: Texas Court of Criminal Appeals decision explaining Gilderbloom v. State. - Ex parte State [case]: 2006 Alabama Supreme Court proceeding in which a dissent urged overruling Kirby. - Ex parte White [case]: Florida Supreme Court decision (1938) declaring a legislative enactment unconstitutional as in derogation of the executive clemency power. - Federal Bureau of Prisons [organization]: Federal agency responsible for operating federal prisons in the United States. (aka: BOP, Federal BOP) - Ferguson v. Perry [case]: 2013 Supreme Court of Georgia case discussing the uncertainty of the Freeman holding regarding parole board orders. - Few v. State [case]: 2011 Court of Appeals of Georgia decision explaining Sentence Review Panel v. Moseley and prospective invalidation of OCGA § 17-10-6. (aka: FEW v. State) - Fleming v. State [case]: 1998 Court of Appeals of Georgia decision interpreting the 1994 constitutional amendment and Sentence Reform Act. (aka: Fleming) - Florida Constitution [legislation]: Florida's constitution, vesting clemency in the governor with cabinet approval and barring legislative and judicial encroachment. (aka: Article IV, Section 8, Article II, Section 3) - Freeman v. State [case]: Georgia Supreme Court decision cited for the proposition that the General Assembly is constitutionally empowered to determine parole eligibility by statute. (aka: 264 Ga. 27, 29 (1994)) - GCADV [organization]: Organization providing free legal representation for resentencing petitions under HB 582 through its Justice for Incarcerated Survivors program. Legal Director is Ellie Williams. Part of the Survivor Justice Initiative alongside GJP and Igniting Hope GA. (aka: Georgia Coalition Against Domestic Violence) - GDC [organization]: Georgia state corrections department operating 12 reentry centers with 2,344 beds and various cognitive programming initiatives. (aka: Georgia Department of Corrections, Georgia DOC) - General Assembly of Georgia [organization]: Georgia's state legislature, which has authority to determine parole eligibility and, after the 1994 constitutional amendment, to limit the Board's parole authority by general law approved by two-thirds vote. (aka: General Assembly, Georgia Legislature) - Georgia Amendment 2 (1994) [legislation]: 1994 constitutional amendment approved by 81.3% of voters, addressing mandatory sentences and parole restrictions. (aka: Mandatory Sentences and Restrictions on Pardons and Paroles Amendment) - Georgia Amendment 3 (1943) [legislation]: 1943 constitutional amendment transferring pardon power from Governor to a State Board of Pardons and Paroles. (aka: Board of Pardons and Paroles Measure) - Georgia Attorney General [organization]: Georgia's chief law enforcement officer, member of the State Bar of Georgia Board of Governors, with supervisory authority over the prosecutorial function including power to appoint substitute prosecutors under O.C.G.A. § 15-18-5. (aka: AG) - Georgia Board of Pardons and Paroles [organization]: Georgia's parole authority, operates reentry services including Reentry Partnership Housing (RPH) - Georgia Constitution [legislation]: The state constitution that provides for the establishment of the State Board of Pardons and Paroles and defines its authority. (aka: State Constitution) - Georgia Constitution Art. IV, Sec. II, Para. II [legislation]: Georgia constitutional provision governing executive clemency and the Board of Pardons and Paroles; amended in 1994 to authorize mandatory minimum sentences and parole restrictions. (aka: Art. IV, Sec. II, Par. II, 1994 constitutional amendment) - Georgia Constitution Article IV Section II Paragraph II [legislation]: Constitutional provision amended in 1994 to authorize mandatory minimum sentences, life without parole, and restrictions on Board of Pardons and Paroles authority. (aka: Article IV, Section II, Paragraph II) - Georgia Department of Corrections [organization]: State agency responsible for operating Georgia's prison system. Subject of federal DOJ investigation in 2022-2023 for constitutional violations including food-related deaths. (aka: GDC) - Georgia General Assembly [organization]: Georgia state legislature. Has not advanced legislation to address prison labor compensation or remove the state's slavery exception. A two-thirds vote in both chambers would be required to place a constitutional amendment on the ballot. - Georgia Justice Project [organization]: Advocacy organization tracking Georgia criminal justice data, criminal records, and occupational licensing reform (aka: GJP) - Georgia Senate Judiciary Committee [organization]: Committee of the Georgia Senate that advanced a committee substitute for House Bill 582. - Georgia State Board of Pardons and Paroles [organization]: Georgia state agency responsible for parole decisions - Georgia Survivor Justice Act [legislation]: New Georgia law allowing victims of abuse to have their sentences reconsidered and directing judges to resentence. - Georgia Survivors Justice Act [legislation]: 2025 Georgia law permitting criminal defendants to offer evidence of family violence, dating violence, or child abuse in support of justification and coercion defenses, and providing mitigation at sentencing; effective July 1, 2025. (aka: HB 582, Act 131, Georgia Survivor Justice Act) - Gilderbloom v. State [case]: Texas Court of Criminal Appeals decision holding unconstitutional a statutory proviso letting a judge commute a mandatory jail sentence to probation. (aka: Gilderbloom v. State, 272 S.W.2d 106 (Tex. Crim. App. 1954)) - Glock v. Moore [case]: Supreme Court of Florida decision (2001) following Sullivan v. Askew. - Gray v. State [case]: 2020 Supreme Court of Georgia decision holding OCGA § 17-10-1(f) does not override the common-law rule that a timely motion to modify extends the court's power to rule. - Hall v. State [case]: 1997 Supreme Court of Georgia decision holding the Reckless Conduct Statute, O.C.G.A. § 16-5-60, unconstitutionally vague as applied to a mother who left children in her son's care. - Hammond v. Hall [case]: Eleventh Circuit decision (2009) explaining Charron's construction of O.C.G.A. § 42-9-45(b) as precatory. - Hayward v. Danforth [case]: Case that cites the Stephens/Terry line of authority. - HB 197 [legislation]: 2007 Act that repealed former OCGA § 17-10-6, the three-judge sentence review panel for sentences exceeding 12 years. (aka: Ga. L. 2007, p. 595, § 2/HB 197) - HB 582 [legislation]: 2025 legislative priority updating Georgia code to reflect modern understanding of domestic violence and prevent unjust convictions of survivors (aka: Survivor Justice) - HB 582 (Georgia Survivor Justice Act) [legislation]: Georgia bill to allow domestic-violence survivors to present abuse evidence, depart from mandatory minimums, and request resentencing; would set a 10-to-30-year range where abuse contributed to a life-minimum crime unless prosecutors agree to less. (aka: Georgia Survivor Justice Act, House Bill 582) - Heard v. Gill [case]: 1948 Supreme Court of Georgia case on trial courts' lack of power to modify sentences after term ends. - Herr v. People [case]: 2008 Colorado Supreme Court decision explaining that post-finality sentence relief must come through executive commutation. - Herrera v. State [case]: Texas Court of Criminal Appeals decision following Ex parte Giles. - Hewitt v. State [case]: 277 Ga. 327 (2003) case noting Board of Pardons and Paroles independence and discretion. - Hixon v. State [case]: Georgia Court of Appeals case (2001) stating mere presence is insufficient for party-to-a-crime liability but intent may be inferred from conduct. (aka: Hixon v. State) - Holt v. State [case]: 2006 Alabama Court of Criminal Appeals decision following Kirby on sentence reconsideration under § 13A-5-9.1. - House Bill 287 [legislation]: 2013 Georgia legislation that amended O.C.G.A. § 17-10-6.3. (aka: HB 287) - Humphrey v. State [case]: 2015 Supreme Court of Georgia case holding sentences limiting parole beyond statute are void; overruled Baker v. State in part. - Humphreys case [case]: Case whose decision was cited as potentially controlling or persuasive authority in the stay of Jenna Colley's sentencing. (aka: Humphrey's case) - Jane Doe v. Vaughn [case]: 2020 Court of Appeals of Georgia decision holding § 42-8-66(a)(1) requires consent to filing, not relief, and not in writing. (aka: Jane Doe v. Timothy Vaughn) - Jenna Colley [person]: Dougherty County mother awaiting sentencing in connection with the murder of her children's father; subject of a Survivor Justice Act sentencing hearing. - Johns v. State [case]: 1981 Court of Appeals of Georgia decision holding courts cannot override the Executive's computation of confinement and requiring earned-time credit. (aka: Johns) - Jones v. Georgia State Board of Pardons and Paroles [case]: 1995 Eleventh Circuit decision explaining Charron's construction of a parole provision as precatory. (aka: James Huston Jones, and All Others Similarly Situated v. Georgia State Board of Pardons and Paroles) - Kamalager-Dove [person]: Member of Congress who introduced the federal Second Look Act (H.R. 8549). (aka: Ms. Kamlager-Dove) - Ken Covin [person]: Youth coach and former athlete in Dougherty County; boyfriend of Jenna Colley. - Kirby v. State [case]: 2004 Alabama Supreme Court decision upholding § 13A-5-9.1 retroactive resentencing for certain nonviolent habitual offenders against separation-of-powers challenge. - L.B. 50 [legislation]: Nebraska legislative bill establishing new parole eligibility provisions whose retroactive application the Nebraska Supreme Court upheld against a commutation challenge. - La. C.Cr.P. art. 930.10 [legislation]: Louisiana Code of Criminal Procedure article permitting a court to overturn a final conviction without a finding of legal defect; declared unconstitutional in State v. Lee. (aka: Article 930.10) - Lori Brown [person]: 21-year-old real estate agent killed in 2003; victim in the Humphreys case. - Louisiana Constitution [legislation]: Louisiana's constitution, vesting reprieve, commutation, and pardon powers in the governor and containing the separation-of-powers clause. (aka: La. Const. art. IV, § 5(E), La. Const. art. II, § 2) - Louisiana Risk Review Panel [program]: Louisiana body identified in State v. Dick as the remedy for offenders seeking benefit of more lenient amended penalties; subsequently amended to authorize application to the committee on parole. (aka: Risk Review Panel, committee on parole) - Louisiana Supreme Court [organization]: Highest court of Louisiana; decided State v. Dick and State ex rel. Esteen v. State on retroactive sentencing relief. - Malloy v. State [case]: 2004 Alabama Court of Criminal Appeals decision following Kirby and noting Robinson was implicitly overruled. - Mamadou Lamine Sambou v. State [case]: 2021 Court of Appeals of Georgia decision following Humphrey v. State on illegal-sentence challenges. - Mamula v. People [case]: 1993 Colorado Supreme Court decision on Crim.P. 35(b) and executive power over final sentences. - Manley v. State [case]: 2010 Georgia Supreme Court decision holding parole discretion is vested solely in the State Board of Pardons and Paroles. - Mark Gray v. State [case]: 2019 Georgia Court of Appeals decision holding that a sentence modification order entered more than one year after sentencing is void for lack of jurisdiction under OCGA § 17-10-1(f). (aka: Gray v. State) - Marty Allen v. State [case]: 2026 Court of Appeals of Georgia decision following von Thomas v. State on statutory punishment. - Mary Ann Santos [person]: Georgia House member who described herself as a domestic violence survivor and spoke about HB 582 after its signing. (aka: Rep. Mary Ann Santos) - Maryland Crim. Proc. § 8-110 [legislation]: Maryland statute permitting certain individuals convicted as adults for offenses committed as minors, sentenced before October 1, 2021, and imprisoned at least 20 years, to seek sentence review. (aka: Crim. Proc. § 8-110) - Maryland Governor [person]: Holder of pardon and reprieve power under Maryland Constitution Article II, Section 20. - Metheny v. Hammonds [case]: M.D. Ga. 1999 decision stating the Board of Pardons and Paroles never adhered to O.C.G.A. § 17-10-7(c) based on attorney general opinions that the legislature could not restrict its constitutional parole authority by general law. - Michael Anthony Glover v. State [case]: 2026 Court of Appeals of Georgia decision following von Thomas v. State on void-sentence claims. - Mikell v. State [case]: Georgia case whose special concurrence was quoted in Manley v. State regarding parole discretion. - Mobley v. State [case]: 1995 Supreme Court of Georgia decision rejecting constitutional challenge to OCGA § 17-10-16 life-without-parole statute. - Neal v. State [case]: Earlier Georgia case cited in Johns v. State (104 Ga. 509, 511-512, 30 SE 858). - Neb. Rev. Stat. § 29-2308.01 [legislation]: Nebraska resentencing statute held unconstitutional in State v. Philipps. - Nebraska Board of Pardons [organization]: Board composed of the Governor, Attorney General, and Secretary of State with constitutional commutation power under Neb. Const. art. IV, § 13. - Nebraska Supreme Court [organization]: The highest court in Nebraska, which decided Poindexter v. Houston. - New York Court of Appeals [organization]: Highest court of New York; issued 2026 opinion characterizing DVSJA reduced-sentence eligibility as a legislative policy choice. - Nicole Boynton [person]: First person released under the Georgia Survivor Justice Act on January 5, 2026. Convicted of felony murder and aggravated assault in 2002 after stabbing her abusive boyfriend Ronnie Moss II in 1999 at age 18. Served 23 years before life sentence was vacated and she was resentenced to time served. - Norman v. Rehberg [case]: 1913 Court of Appeals of Georgia decision characterizing Neal v. State as a separation-of-powers holding. - O.C.G.A. § 16-5-1 [legislation]: Georgia statute defining malice and murder. (aka: OCGA § 16-5-1) - O.C.G.A. § 17-10-1 [legislation]: Georgia statute governing sentencing, including the court's jurisdiction to correct or reduce sentences within one year and procedures for petitions for resentencing under § 17-10-22. (aka: Georgia Code Section 17-10-1) - O.C.G.A. § 17-10-1(f) [legislation]: Georgia statute governing a trial court's authority to modify sentences after the term of court, enacted in 2001. (aka: Georgia Code Section 17-10-1(f)) - O.C.G.A. § 17-10-16 [legislation]: Georgia statute authorizing death, life without parole, or life for death-eligible offenses and barring parole for life-without-parole sentences absent an innocence finding. (aka: Georgia Code Section 17-10-16) - O.C.G.A. § 17-10-22 [legislation]: Georgia statute enacted by HB 582 (2025) allowing reduced sentences for defendants who were victims of family violence, dating violence, or child abuse that was a significant contributing factor to the offense. (aka: Georgia Code Section 17-10-22, Georgia Survivor Justice Act) - O.C.G.A. § 17-10-30.1 [legislation]: Georgia statute originally enacted in 1993 allowing life without parole in murder cases with statutory aggravating circumstances. (aka: Code Section 17-10-30.1) - O.C.G.A. § 17-10-6 [legislation]: Statute governing three-judge panel review of sentences; amended in 1994 to raise threshold to 12 years and exclude serious violent felonies. (aka: Code Section 17-10-6) - O.C.G.A. § 17-10-6.1 [legislation]: Statute listing seven serious violent felonies with mandatory minimum sentences during which parole is unavailable. (aka: OCGA § 17-10-6.1) - O.C.G.A. § 17-10-7 [legislation]: Georgia statute barring release for certain recidivist violent offenders sentenced to life without parole. - O.C.G.A. § 42-8-66 [legislation]: Georgia statute providing retroactive first-offender exoneration and discharge petition procedure; subsection (f) excludes sentences modifiable under § 17-10-1(f). (aka: Code Section 42-8-66) - O.C.G.A. § 42-9-1 [legislation]: Georgia statute declaring that the duties, powers, and functions of the State Board of Pardons and Paroles are executive in character and that no other body may usurp them. (aka: Code Section 42-9-1) - O.C.G.A. § 42-9-39 [legislation]: Georgia statute requiring 30 years served before parole eligibility for certain murder sentences. - O.C.G.A. § 42-9-45 [legislation]: Georgia statute governing automatic initial parole consideration timing and eligibility thresholds, including violent-crime and felony provisions. (aka: Code Section 42-9-45) - O.C.G.A. § 42-9-46 [legislation]: Georgia statute authorizing early parole consideration with 10-day written notice to sentencing judge, district attorney, and victims. (aka: Code Section 42-9-46) - OCGA § 17-10-2 [legislation]: Georgia statute governing presentence hearings. - Oklahoma Court of Criminal Appeals [organization]: Oklahoma appellate court that decided Ex Parte Tucker (1942). - Pa Prison Society v. Cortes [case]: Third Circuit decision (2010) discussing Commonwealth v. Sutley on commutation power. - Parrott v. State [case]: 2021 Supreme Court of Georgia decision following Humphrey v. State on vacating void provisions. - Patterson v. State [case]: 2025 Supreme Court of Georgia decision following Gray v. State on long-applied sentencing practice. - Pennsylvania Board of Pardons [organization]: Board whose written recommendation is required before the Governor may commute a sentence under Pa. Const. art. IV, § 9. - People v. Boyd [case]: Colorado Court of Appeals decision (2015) explaining People v. Herrera and contrasting statutory provisions. - People v. Herrera [case]: 1973 Colorado Supreme Court decision holding judicial post-conviction sentence reduction invades the Governor's commutation power. (aka: Herrera) - People v. Lamoureux [case]: 2019 California Court of Appeal decision holding SB 1437's resentencing provision does not violate separation of powers or executive clemency authority. (aka: Lamoureux) - People v. Rupert [case]: 1974 Colorado Supreme Court decision reaffirming Herrera. - Perez v. State [case]: Court of Appeals of Georgia decision (2002-03-27) citing Charron for the proposition that OCGA § 42-9-46 authorizes parole consideration before minimum time served. - Polanco v. State [case]: 2022 Supreme Court of Georgia decision; concurrence addressed illegality of a split murder sentence with probation and early parole eligibility. - Porter v. Garmony [case]: 148 Ga. 261 case cited in Heard v. Gill on sentence modification. - Prestwood v. State [case]: 2005 Alabama Court of Criminal Appeals decision following Kirby. - Prosecuting Attorneys' Council [organization]: Georgia organization representing prosecutors; took a neutral stance on the Survivor Justice Act. - Quantavious Jackson v. State [case]: 2026 Court of Appeals of Georgia decision following von Thomas v. State on unlawful-conviction claims. - Randall v. Florida Dept. of Law Enforcement [case]: Florida District Court of Appeal decision (2001) following Sullivan v. Askew. - Randy McGinley [person]: District attorney for the Alcovy Judicial Circuit; represented the Prosecuting Attorneys' Council on the Survivor Justice Act. - Robinson v. State [case]: 2002 Alabama Court of Criminal Appeals decision holding Rule 32 was the proper avenue for § 13A-5-9.1 relief, implicitly overruled by Kirby. - Rooney v. State [case]: 2011 Georgia Court of Appeals decision citing separation-of-powers limits on court-imposed parole conditions. - Rose v. State [case]: Supreme Court of Florida decision (2000) rejecting clemency-process claim citing Sullivan v. Askew. - Rowe v. State [case]: Texas Court of Criminal Appeals decision following Gilderbloom v. State. - Sabrina Graham [person]: Senior Assistant Attorney General who argued the state's position against Humphreys' SJA claim. - SB 13 [legislation]: 2009 Act that repealed OCGA § 17-10-30.1 effective April 29, 2009. (aka: Ga. L. 2009, p. 223, § 4/SB 13) - SB 79 [legislation]: Georgia legislation on fentanyl sentences. McLaurin was one of only 3 senators to vote against it. - Schoicket v. State [case]: 2021 Supreme Court of Georgia decision following Gray v. State on plea practice. - Second Look Act [legislation]: Federal bill introduced in the 119th Congress to allow courts to revisit long sentences, referred to the Committee on the Judiciary. (aka: H.R. 8549, BILLS-119hr8549ih) - Second Look Act of 2026 [legislation]: Federal bill to enable incarcerated persons to petition a federal court for review of sentences longer than 10 years where they are not a danger and are ready for reentry. (aka: H.R. 8549, 119hr8549ih) - Senate Bill 1437 [legislation]: California legislation creating a resentencing petition process for certain murder convictions. (aka: SB 1437, Penal Code section 1170.95) - Sentence Reform Act of 1994 [legislation]: Georgia legislation enacted in 1994, the year GDC's year-end population chart records 33,175 inmates. - Sentence Review Panel v. Moseley [case]: 2008 Supreme Court of Georgia case holding former OCGA § 17-10-6 unconstitutional but applying ruling prospectively due to double jeopardy. - Shook v. State [case]: Georgia Court of Appeals case (2009) following Terry v. Hamrick on banishment as part of a rehabilitative sentence. - Stacey Humphreys [person]: Death row inmate whose execution was stayed by Cobb County Superior Court Judge Tyler Browning. - Stan Gunter [person]: Georgia State Representative (R-Blairsville), former prosecutor and judge, sponsor of HB 582. - State Board of Pardons and Paroles [organization]: Georgia state entity that serves as a reporting entity for sexual abuse allegations in prisons - State ex rel. Esteen v. State [case]: Louisiana Supreme Court decision (2018) overruling State v. Dick and holding the legislature may make more lenient penalties retroactive. (aka: State Ex Rel. John Esteen v. State of Louisiana) - State Ex Rel. John Esteen v. State of Louisiana [case]: 2018 Louisiana Supreme Court per curiam decision holding illegal sentences remediable by district court resentencing under retroactive La. R.S. 15:308(B), rejecting Dick to that extent. (aka: Esteen) - State v. Chase [case]: Louisiana case (1976) cited in State v. Dick for the power to commute sentences as an incident of the pardon power. - State v. Dick [case]: Louisiana Supreme Court decision (2007) holding courts cannot resentence final sentences because that would be commutation reserved to the executive; overruled by State ex rel. Esteen (2018). - State v. Hart [case]: 2003 Georgia Court of Appeals decision cited in Gray v. State. - State v. Lee [case]: Louisiana Supreme Court decision (2023) striking down La. C.Cr.P. art. 930.10 as an exercise of the governor's exclusive pardon power. - State v. McCoy [case]: Supreme Court of Connecticut decision (2019) following State v. Nardini. - State v. Nardini [case]: Connecticut Supreme Court decision (1982) upholding the Connecticut Sentence Review Act against separation-of-powers challenge. - State v. Philipps [case]: Nebraska Supreme Court decision holding a statute unconstitutional because it granted commutation power to the judiciary in violation of Neb. Const. art. IV, § 13. (aka: 246 Neb. 610, 521 N.W.2d 913 (1994)) - State v. Voss [case]: Iowa decision cited in Dawson v. Sisk. - Stephens v. State [case]: 1993 Georgia Court of Appeals case holding sentencing court's attempt to impose parole conditions unconstitutionally infringed on Board's authority. - Sullivan v. Askew [case]: Florida Supreme Court decision (1977) holding clemency power reposes exclusively in the Chief Executive and the bar on encroachment applies to the judiciary. - Sultenfuss v. Snow [case]: 35 F.3d 1494 (11th Cir. 1994) (en banc). Held Georgia parole system creates no liberty interest protected by due process. - Sumrall v. State [case]: 2024 Supreme Court of Georgia decision holding a prosecutor's failure to respond is not implied consent under § 42-8-66(a)(1) and the consent requirement is constitutional. - Superior Court of Cobb County [facility]: Georgia trial court that resentenced Nicole Boynton under the Survivor Justice Act. (aka: Cobb County Superior Court) - Supreme Court of Georgia [organization]: Georgia's highest court, which imposes public discipline on attorneys and adopted the 2022 amendment to Rule 3.8. - Supreme Court of Pennsylvania [organization]: Highest court of Pennsylvania; decided Commonwealth v. Sutley and Beyers v. Richmond. - Survivor Justice Act [legislation]: Georgia law signed in May 2025 allowing resentencing for abuse survivors; subject of litigation over its applicability to death sentences. (aka: SJA) - Sydney Kamlager-Dove [person]: U.S. Representative (D-CA-37) who sponsored the Second Look Act of 2026. (aka: Rep. Kamlager-Dove, Ms. Kamlager-Dove) - Taj Zipperman v. State [case]: 2024 Court of Appeals of Georgia decision explaining Gray v. State on required hearing. - Taylor v. State [case]: Georgia case overruled in part by Williams v. State regarding appealability of void-sentence denials. - Terry v. Hamrick [case]: 2008 Supreme Court of Georgia decision holding that trial-court control of parole conditions violates separation of powers; habeas relief granted on that issue. - Texas Board of Pardons and Paroles [organization]: Texas parole board that generally errs on the side of public safety when considering MRIS releases. - Texas Constitution [legislation]: Constitution of Texas, including art. IV, § 11 on clemency. (aka: Tex. Const.) - Texas Controlled Substances Act [legislation]: Texas statute whose Section 6.01(c) resentencing provision was held unconstitutional in Ex Parte Giles. - Texas Court of Criminal Appeals [organization]: Highest criminal appellate court of Texas; decided Ex Parte Giles (1973). - Three-Judge Sentence Review Panel [organization]: Former Georgia judicial body created by OCGA § 17-10-6 to review and reduce sentences; held unconstitutional in 2008. (aka: Sentence Review Panel) - Tyler Browning [person]: Cobb County Superior Court judge who stayed Stacey Humphreys' execution. (aka: Judge Tyler Browning) - Tyler J. Browning [person]: Cobb County Superior Court Judge who issued order sending legal questions to the Supreme Court of Georgia. - Tyson v. State [case]: 2009 Court of Appeals of Georgia decision following Terry v. Hamrick on reasonableness of banishment. - U.S. Court of Appeals for the Eleventh Circuit [organization]: Federal appellate court that decided United States v. Davis and Newsome. (aka: 11th Circuit) - Vandyke v. State [case]: Texas Court of Appeals decision applying Ex parte Giles to a decriminalization argument. - von Thomas v. State [case]: 2013 Supreme Court of Georgia decision on jurisdiction to modify or vacate sentences, including the one-year limit and the void-sentence exception. - Way v. Superior Court of San Diego Cty. [case]: 1977 California decision reciting the state constitution's clemency clause. - White v. State [case]: 2017 Supreme Court of Georgia decision holding prosecutorial consent is a threshold requirement for a retroactive first-offender petition under O.C.G.A. § 42-8-66, and no hearing is required without it. - Williams v. State [case]: 1999 Georgia Supreme Court case establishing that void sentences can be challenged at any time, creating distinction between void sentences and void convictions (aka: Williams v. State, 271 Ga. 686) SOURCES (190) ---------------------------------------- - "Georgia Survivor Justice Act" Defies the Tyranny of Mandatory Minimums, Filter [journalism, secondary] URL: https://filtermag.org/georgia-survivor-justice-act-mandatory-minimums/ - “Truth in Sentencing” in Georgia, Georgia Department of Corrections [official_report, primary] URL: https://gdc.georgia.gov/document/standing-special-analyses/standing-report-truth-sentencing/download - § 24–403.03. 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Sutley, 1977-10-07 (court record via CourtListener), CourtListener (1977-10-07) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2358348/commonwealth-v-sutley/ - congress.gov: 8549, Congress.gov (2026-01-01) [legislation, primary] URL: https://web.archive.org/web/20260501022201id_/https://www.congress.gov/bill/119th-congress/house-bill/8549 - Constitution of the state of Georgia ratified, November 2, 1982, proclaimed, December 21, 1982 - Digital Library of Georgia, Digital Library of Georgia (1982-01-01) [legal_document, primary] URL: https://dlg.usg.edu/record/dlg_ggpd_y-ga-bc600-b-ps1-bc6-b1983 - Cook v. State, Supreme Court of Georgia, 2022-03-15 (court record via CourtListener), CourtListener (2022-03-15) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10679925/cook-v-state/ - Davis v. State, Supreme Court of Georgia, 1941-09-09 (court record via CourtListener), CourtListener (1941-09-09) [legal_document, primary] URL: https://www.courtlistener.com/opinion/3407807/davis-v-state/ - Davis v. the State, Court of Appeals of Georgia, 2017-03-10 (court record via CourtListener), CourtListener (2017-03-10) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4375720/davis-v-the-state/ - Davoric Tilman v. State, Court of Appeals of Georgia, 2023-08-24 (court record via CourtListener), CourtListener (2023-08-24) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10728242/davoric-tilman-v-state/ - Dawson v. Sisk, Supreme Court of Iowa, 1942-06-16 (court record via CourtListener), CourtListener (1942-06-16) [legal_document, primary] URL: https://www.courtlistener.com/opinion/3438212/dawson-v-sisk/ - Deckard v. Cotton, Nebraska Supreme Court, 2025-08-01 (court record via CourtListener), CourtListener (2025-08-01) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10646171/deckard-v-cotton/ - digitalcommons.law.uga.edu: viewcontent.cgi, viewcontent.cgi [1], University of Georgia School of Law Digital Commons [academic, secondary] URL: https://web.archive.org/web/20240708085118id_/https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1010&context=ga_constitutions - digitalcommons.law.uga.edu: viewcontent.cgi, viewcontent.cgi [2], University of Georgia School of Law Digital Commons [academic, primary] URL: https://web.archive.org/web/20240708094152id_/https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1028&context=ga_constitutions - Donald v. Commissioner of Correction, Connecticut Appellate Court, 2022-10-18 (court record via CourtListener), CourtListener (2022-10-18) [legal_document, primary] URL: https://www.courtlistener.com/opinion/8337201/donald-v-commissioner-of-correction/ - Dougherty County woman back in court over 2024 murder of her boyfriend, WALB (2026-08-07) [journalism, secondary] URL: https://www.walb.com/2026/08/07/dougherty-county-woman-be-sentenced-2024-murder-her-boyfriend/ - Elfrem Moore v. State, Court of Appeals of Georgia, 2026-09-08 (court record via CourtListener), CourtListener (2026-09-08) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10969178/elfrem-moore-v-state/ - Enrique Martinez v. State, Texas Court of Appeals, 8th District (El Paso), 2016-11-16 (court record via CourtListener), CourtListener (2016-11-16) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4323083/enrique-martinez-v-state/ - Ex Parte Giles, 1973-12-05 (court record via CourtListener), CourtListener (1973-12-05) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2448706/ex-parte-giles/ - Ex Parte Minjares, Court of Criminal Appeals of Texas, 1979-03-23 (court record via CourtListener), CourtListener (1979-03-23) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1522545/ex-parte-minjares/ - Ex Parte State, Supreme Court of Alabama, 2006-12-22 (court record via CourtListener), CourtListener by Alabama Supreme Court (2006-12-22) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1823394/ex-parte-state/ - Ex Parte Tucker, Court of Criminal Appeals of Oklahoma, 1942-02-04 (court record via CourtListener), CourtListener (1942-02-04) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4070013/ex-parte-tucker/ - Execution put on hold for man convicted of double murder in Cobb, WABE (2026-01-01) [journalism, secondary] URL: https://www.wabe.org/execution-put-on-hold-for-man-convicted-of-double-murder-in-cobb-county/ - Ferguson v. 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L. 1994, p. 2015 (Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]), Digital Library of Georgia (1994-01-01) [legislation, primary] URL: https://dlg.usg.edu/record/dlg_zlgl_552861174#pdf-page=677 - Georgia Amendment 2, Mandatory Sentences and Restrictions on Pardons and Paroles Amendment (1994) - Ballotpedia, Ballotpedia (1994-01-01) [legal_document, secondary] URL: https://ballotpedia.org/Georgia_Amendment_2,_Mandatory_Sentences_and_Restrictions_on_Pardons_and_Paroles_Amendment_(1994) - Georgia Amendment 3, Board of Pardons and Paroles Measure (August 1943) - Ballotpedia, Ballotpedia (1943-08-01) [data_portal, secondary] URL: https://ballotpedia.org/Georgia_Amendment_3,_Board_of_Pardons_and_Paroles_Measure_(August_1943) - Georgia bill to reduce prison sentences for domestic violence survivors on its way to becoming law, Associated Press (2025-04-03) [journalism, secondary] URL: https://www.atlantanewsfirst.com/2025/04/03/georgia-bill-reduce-prison-sentences-domestic-violence-survivors-its-way-becoming-law/ - Georgia General Assembly - Wikipedia, Wikipedia [academic, tertiary] URL: https://en.wikipedia.org/wiki/Georgia_General_Assembly - Georgia General Assembly, 70670, Georgia General Assembly (2025-01-01) [legislation, primary] URL: https://www.legis.ga.gov/legislation/70670#25079 - Georgia General Assembly, 71938, Georgia General Assembly (2025-01-01) [legislation, primary] URL: https://www.legis.ga.gov/legislation/71938 - Georgia high court upholds stay of execution for Stacey Humphreys | FOX 5 Atlanta, FOX 5 Atlanta (2026-01-01) [journalism, secondary] URL: https://www.fox5atlanta.com/news/georgia-high-court-upholds-stay-execution-stacey-humphreys - Georgia inmate spared from Wednesday execution; court debates new law | Georgia | thecentersquare.com, The Center Square [journalism, secondary] URL: https://thecentersquare.com/georgia/article_0a586ada-f77d-4849-8b7b-0422d9545b87.html?a= - Georgia Law Gives Abuse Survivors Second Chances, Capital B News Atlanta by Madeline Thigpen (2026-02-17) [journalism, secondary] URL: https://atlanta.capitalbnews.org/georgia-survivor-justice-law-domestic-violence-reentry/ - Georgia Moves to Protect Survivors of Domestic Abuse, Governing [journalism, secondary] URL: https://www.governing.com/policy/georgia-moves-to-protect-survivors-of-domestic-abuse - Gilderbloom v. State, 1954-05-05 (court record via CourtListener), CourtListener (1954-05-05) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1675094/gilderbloom-v-state/ - Glock v. Moore, Supreme Court of Florida, 2001-01-05 (court record via CourtListener), CourtListener (2001-01-05) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1126316/glock-v-moore/ - govinfo.gov: BILLS 119hr8549ih, U.S. Government Publishing Office [legislation, primary] URL: https://www.govinfo.gov/content/pkg/BILLS-119hr8549ih/pdf/BILLS-119hr8549ih.pdf - Gray v. State, Supreme Court of Georgia, 2020-10-19 (court record via CourtListener), CourtListener (2020-10-19) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10367333/gray-v-state/ - Hall v. State, Court of Appeals of Georgia, 2008-05-22 (court record via CourtListener), CourtListener (2008-05-22) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1207975/hall-v-state/ - Hammond v. 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State, Supreme Court of Georgia, 2015-06-15 (court record via CourtListener), CourtListener (2015-06-15) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2808309/humphrey-v-state/ - Inmate Statistical Profile, profile life sentence 2026 05, Georgia Department of Corrections (2026-05-01) [official_report, primary] URL: https://gdc.georgia.gov/document/monthly-statistical-reports/profile-life-sentence-2026-05/download - Inmate Statistical Profile, profile life wo parole 2026 01, Georgia Department of Corrections (2026-01-01) [official_report, primary] URL: https://gdc.georgia.gov/document/monthly-statistical-reports/profile-life-wo-parole-2026-01/download - Inmate Statistical Profile, profileallinmates202610, Georgia Department of Corrections (2026-10-01) [official_report, primary] URL: https://gdc.georgia.gov/document/monthly-statistical-reports/profileallinmates202610/download - James Huston Jones, and All Others Similarly Situated v. 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State, Court of Appeals of Georgia, 1981-11-30 (court record via CourtListener), CourtListener (1981-11-30) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1266493/johns-v-state/ - Judge halts Ga. execution to allow hearing for condemned man under new survivor justice law, WRDW (2026-09-16) [journalism, secondary] URL: https://www.wrdw.com/2026/09/16/judge-halts-ga-execution-allow-hearing-condemned-man-under-new-survivor-justice-law/ - Kirby v. State, 2004-08-27 (court record via CourtListener), CourtListener by Alabama Supreme Court (2004-08-27) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1759608/kirby-v-state/ - Lawmakers Huddle: House members share personal stories behind 2 new Georgia laws | Georgia Public Broadcasting, Georgia Public Broadcasting (2025-05-16) [journalism, secondary] URL: https://www.gpb.org/news/2025/05/16/lawmakers-huddle-house-members-share-personal-stories-behind-2-new-georgia-laws - legis.ga.gov: 25sumdoc, Georgia Office of Legislative Counsel (2025-01-01) [official_report, primary] URL: https://www.legis.ga.gov/api/document/docs/default-source/legislative-counsel-document-library/25sumdoc.pdf?sfvrsn=95973fc9_4 - Lo, Ex Parte John Christopher, Court of Criminal Appeals of Texas, 2013-10-30 (court record via CourtListener), CourtListener (2013-10-30) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2947509/lo-ex-parte-john-christopher/ - Louisiana Constitution (senate.la.gov), Louisiana State Senate [legislation, primary] URL: https://senate.la.gov/Documents/LAConstitution.pdf - Malloy v. State, Court of Criminal Appeals of Alabama, 2004-10-29 (court record via CourtListener), CourtListener by Alabama Court of Criminal Appeals (2004-10-29) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1818073/malloy-v-state/ - Mamadou Lamine Sambou v. State, Court of Appeals of Georgia, 2021-02-16 (court record via CourtListener), CourtListener (2021-02-16) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10726033/mamadou-lamine-sambou-v-state/ - Mamula v. People, 1993-03-08 (court record via CourtListener), CourtListener by Colorado Supreme Court (1993-03-08) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2614955/mamula-v-people/ - Manley v. State, Supreme Court of Georgia, 2010-04-09 (court record via CourtListener), CourtListener (2010-04-09) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2399164/manley-v-state/ - Mark Gray v. State, Court of Appeals of Georgia, 2019-08-26 (court record via CourtListener), CourtListener (2019-08-26) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10725447/mark-gray-v-state/ - Mark Gray v. State, Court of Appeals of Georgia, 2021-03-16 (court record via CourtListener), CourtListener (2021-03-16) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4864274/mark-gray-v-state/ - Marty Allen v. State, Court of Appeals of Georgia, 2026-10-29 (court record via CourtListener), CourtListener (2026-10-29) [legal_document, primary] URL: https://www.courtlistener.com/opinion/11049434/marty-allen-v-state/ - Maryland Code, Criminal Procedure § 8-110 | FindLaw, FindLaw [legislation, primary] URL: https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-8-110/ - Maryland Constitution - Article II - Executive Department, Maryland State Archives [legal_document, primary] URL: https://msa.maryland.gov/msa/mdmanual/43const/html/02art2.html - mdcourts.gov: 28a24, Maryland Courts (2025-01-01) [legal_document, primary] URL: https://www.mdcourts.gov/data/opinions/coa/2025/28a24.pdf - Michael Anthony Glover v. State, Court of Appeals of Georgia, 2026-01-07 (court record via CourtListener), CourtListener (2026-01-07) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10770468/michael-anthony-glover-v-state/ - Mobley v. State, Supreme Court of Georgia, 1995-03-17 (court record via CourtListener), CourtListener (1995-03-17) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1219308/mobley-v-state/ - Neal v. State, Supreme Court of Georgia, 1898-05-24 (court record via CourtListener), CourtListener (1898-05-24) [legal_document, primary] URL: https://www.courtlistener.com/opinion/5718264/neal-v-state/ - Nebraska Constitution of 1875 Art. IV, § 13 | FindLaw, FindLaw [legal_document, primary] URL: https://codes.findlaw.com/ne/nebraska-constitution-of-1875/ne-const-art-iv-sect-13/ - Norman v. Rehberg, Court of Appeals of Georgia, 1913-05-20 (court record via CourtListener), CourtListener (1913-05-20) [legal_document, primary] URL: https://www.courtlistener.com/opinion/5754062/norman-v-rehberg/ - Notice: This opinion is subject to formal revision before publication in the Atlantic, D.C. Court of Appeals (2025-01-01) [legal_document, primary] URL: https://web.archive.org/web/20250425012937id_/https://www.dccourts.gov/sites/default/files/2025-04/Doe%20v.%20U.S.,%2024-CO-0031_0.pdf - Official Code of Georgia Annotated § 15-18-6 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-01-01) [legislation, primary] URL: https://gps.press/ocga/15-18-6/ - Official Code of Georgia Annotated § 16-5-1 (GPS's copy of the Code), Georgia Prisoners' Speak (GPS) (2026-11-03) [legal_document, primary] URL: https://gps.press/ocga/16-5-1/ - Official Code of Georgia Annotated § 17-10-1 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-11-06) [legal_document, primary] URL: https://gps.press/ocga/17-10-1/ - Official Code of Georgia Annotated § 17-10-16 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-11-06) [legislation, primary] URL: https://gps.press/ocga/17-10-16/ - Official Code of Georgia Annotated § 17-10-22 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-11-06) [legal_document, primary] URL: https://gps.press/ocga/17-10-22/ - Official Code of Georgia Annotated § 17-10-30.1 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/17-10-30.1/ - Official Code of Georgia Annotated § 17-10-6 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/17-10-6/ - Official Code of Georgia Annotated § 17-10-6.1 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/17-10-6.1/ - Official Code of Georgia Annotated § 17-10-6.3 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/17-10-6.3/ - Official Code of Georgia Annotated § 17-10-7 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/17-10-7/ - Official Code of Georgia Annotated § 42-8-34 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/42-8-34/ - Official Code of Georgia Annotated § 42-8-66 (GPS's copy of the Code), Georgia Prisoners' Speak [legislation, primary] URL: https://gps.press/ocga/42-8-66/ - Official Code of Georgia Annotated § 42-9-1 (GPS's copy of the Code), Georgia Prisoners' Speak [legislation, primary] URL: https://gps.press/ocga/42-9-1/ - Official Code of Georgia Annotated § 42-9-2 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/42-9-2/ - Official Code of Georgia Annotated § 42-9-20 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/42-9-20/ - Official Code of Georgia Annotated § 42-9-39 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/42-9-39/ - Official Code of Georgia Annotated § 42-9-40 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-10-28) [legislation, primary] URL: https://gps.press/ocga/42-9-40/ - Official Code of Georgia Annotated § 42-9-42 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-10-28) [legislation, primary] URL: https://gps.press/ocga/42-9-42/ - Official Code of Georgia Annotated § 45-15-3 (GPS's copy of the Code), Georgia Prisoners' Speak [legislation, primary] URL: https://gps.press/ocga/45-15-3/ - Official Code of Georgia Annotated § 45-15-35 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/45-15-35/ - Official Recompilation of the Constitution, Alabama Legislature [legal_document, primary] URL: https://alison.legislature.state.al.us/files/pdf/lsa/proposed-constitution/statewide_amendments.pdf - Pa Prison Society v. Cortes, Court of Appeals for the Third Circuit, 2010-10-01 (court record via CourtListener), CourtListener (2010-10-01) [legal_document, primary] URL: https://www.courtlistener.com/opinion/176375/pa-prison-society-v-cortes/ - palegis.us: view statute&txtType=PDF&ttl=0&div=00.&chpt=004.&sctn=009.&subsctn=000., Pennsylvania General Assembly [legislation, primary] URL: https://www.palegis.us/statutes/consolidated/view-statute&txtType=PDF&ttl=0&div=00.&chpt=004.&sctn=009.&subsctn=000. - Parrott v. State, Supreme Court of Georgia, 2021-10-05 (court record via CourtListener), CourtListener (2021-10-05) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10367682/parrott-v-state/ - Patterson v. State, Supreme Court of Georgia, 2025-05-06 (court record via CourtListener), CourtListener (2025-05-06) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10680460/patterson-v-state/ - People v. Boyd, Colorado Court of Appeals, 2015-08-13 (court record via CourtListener), CourtListener (2015-08-13) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2827266/people-v-boyd/ - People v. Herrera, 1973-10-29 (court record via CourtListener), CourtListener by Colorado Supreme Court (1973-10-29) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1272862/people-v-herrera/ - People v. Rupert, Supreme Court of Colorado, 1974-07-01 (court record via CourtListener), CourtListener by Colorado Supreme Court (1974-07-01) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1163707/people-v-rupert/ - Perez v. State, Court of Appeals of Georgia, 2002-03-27 (court record via CourtListener), CourtListener (2002-03-27) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1214150/perez-v-state/ - Polanco v. State, Supreme Court of Georgia, 2022-04-19 (court record via CourtListener), CourtListener (2022-04-19) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10679914/polanco-v-state/ - Prestwood v. State, Court of Criminal Appeals of Alabama, 2005-02-25 (court record via CourtListener), CourtListener by Alabama Court of Criminal Appeals (2005-02-25) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1712593/prestwood-v-state/ - Quantavious Jackson v. State, Court of Appeals of Georgia, 2026-02-26 (court record via CourtListener), CourtListener (2026-02-26) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10800908/quantavious-jackson-v-state/ - Randall v. Florida Dept. of Law Enforcement, District Court of Appeal of Florida, 2001-08-21 (court record via CourtListener), CourtListener (2001-08-21) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1608103/randall-v-florida-dept-of-law-enforcement/ - Rogers v. Terrell, Louisiana Court of Appeal, 2009-10-27 (court record via CourtListener), CourtListener (2009-10-27) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1585038/rogers-v-terrell/ - Rooney v. State, Court of Appeals of Georgia, 2011-08-09 (court record via CourtListener), CourtListener (2011-08-09) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2502086/rooney-v-state/ - Rooney v. State, Supreme Court of Georgia, 2010-03-01 (court record via CourtListener), CourtListener (2010-03-01) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1405853/rooney-v-state/ - Rose v. State, Supreme Court of Florida, 2000-10-12 (court record via CourtListener), CourtListener (2000-10-12) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1734355/rose-v-state/ - Rowe v. State, Court of Criminal Appeals of Texas, 1955-01-05 (court record via CourtListener), CourtListener (1955-01-05) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2431218/rowe-v-state/ - Schoicket v. State, Supreme Court of Georgia, 2021-11-02 (court record via CourtListener), CourtListener (2021-11-02) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10367659/schoicket-v-state/ - Section 7. Governor May Grant Reprieves and Pardons | Article IV. Executive Department | Colorado | 50 Constitutions, 50 Constitutions [legal_document, secondary] URL: https://50constitutions.org/co/constitution/section-id-67729 - Sentence Review Panel v. Moseley, Supreme Court of Georgia, 2008-07-07 (court record via CourtListener), CourtListener (2008-07-07) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1217737/sentence-review-panel-v-moseley/ - Shook v. State, Court of Appeals of Georgia, 2009-09-10 (court record via CourtListener), CourtListener (2009-09-10) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1327162/shook-v-state/ - sos.ga.gov: Georgia Constitution Electronic Version January, 2023, Georgia Secretary of State (2023-01-01) [legal_document, primary] URL: https://web.archive.org/web/20260909150705id_/https://sos.ga.gov/sites/default/files/2023-08/Georgia%20Constitution%20-%20Electronic%20Version%20-%20January,%202023.pdf - State ex rel. Hilgers v. Evnen, Nebraska Supreme Court, 2025-04-18 (court record via CourtListener), CourtListener (2025-04-18) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10381164/state-ex-rel-hilgers-v-evnen/ - State Ex Rel. John Esteen v. State of Louisiana, 2018-01-30 (court record via CourtListener), CourtListener (2018-01-30) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4463214/state-ex-rel-john-esteen-v-state-of-louisiana/ - State of Louisiana v. Antonio Sewell, Louisiana Court of Appeal, 2020-11-18 (court record via CourtListener), CourtListener (2020-11-18) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10580754/state-of-louisiana-v-antonio-sewell/ - State of Louisiana v. Fred Howard, Jr., Louisiana Court of Appeal, 2020-01-15 (court record via CourtListener), CourtListener (2020-01-15) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10580859/state-of-louisiana-v-fred-howard-jr/ - State of New York OPINION, New York Courts (via Internet Archive) (2026-04-01) [legal_document, primary] URL: https://web.archive.org/web/20260424233835id_/https://www.nycourts.gov/ctapps/Decisions/2026/Apr26/34opn26-Decision.pdf - State v. Bainbridge, 1996-02-02 (court record via CourtListener), CourtListener (1996-02-02) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1734790/state-v-bainbridge/ - State v. Dick, 2007-01-26 (court record via CourtListener), CourtListener (2007-01-26) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1692192/state-v-dick/ - State v. Evans, Louisiana Court of Appeal, 2008-10-31 (court record via CourtListener), CourtListener (2008-10-31) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1746834/state-v-evans/ - State v. Hart, Court of Appeals of Georgia, 2003-08-28 (court record via CourtListener), CourtListener (2003-08-28) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1280134/state-v-hart/ - State v. McCoy, Supreme Court of Connecticut, 2019-05-07 (court record via CourtListener), CourtListener (2019-05-07) [legal_document, primary] URL: https://www.courtlistener.com/opinion/4616912/state-v-mccoy/ - State v. Nardini, 1982-05-11 (court record via CourtListener), CourtListener (1982-05-11) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2079135/state-v-nardini/ - State v. Philipps, 1994-09-23 (court record via CourtListener), CourtListener (1994-09-23) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1969330/state-v-philipps/ - State v. Spady, Nebraska Supreme Court, 2002-06-14 (court record via CourtListener), CourtListener (2002-06-14) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1818311/state-v-spady/ - Statutes & Constitution, Florida Legislature [legislation, primary] URL: https://www.leg.state.fl.us/statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A4S08 - Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael... – CourtListener.com, CourtListener (1994-01-01) [legal_document, primary] URL: https://www.courtlistener.com/opinion/678573/stephen-sultenfuss-charles-mcmulling-v-wayne-snow-jr-james-t-morris/ - Stephens v. State, Court of Appeals of Georgia, 1993-03-08 (court record via CourtListener), CourtListener (1993-03-08) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1288252/stephens-v-state/ - Sullivan v. Askew, 1977-06-30 (court record via CourtListener), CourtListener (1977-06-30) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1933750/sullivan-v-askew/ - Sumrall v. State, Supreme Court of Georgia, 2024-12-10 (court record via CourtListener), CourtListener (2024-12-10) [legal_document, primary] URL: https://www.courtlistener.com/opinion/10680202/sumrall-v-state/ - Survivor Justice Act, Georgia Justice Project (2025-01-01) [official_report, secondary] URL: https://www.gjp.org/wp-content/uploads/2025/09/Survivor-Justice-Act-one-pager_legal-change-summary.pdf - Survivor Justice Act: Resentencing — Process Summary, GCADV and Georgia Justice Project (2025-09-01) [official_report, primary] URL: https://www.gjp.org/wp-content/uploads/2025/09/Survivor-Justice-Act-resentencing-process-summary.pdf - Taj Zipperman v. State, Court of Appeals of Georgia, 2024-05-10 (court record via CourtListener), CourtListener (2024-05-10) [legal_document, primary] URL: https://www.courtlistener.com/opinion/9501162/taj-zipperman-v-state/ - Terry v. Hamrick, Supreme Court of Georgia, 2008-06-30 (court record via CourtListener), CourtListener (2008-06-30) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1217899/terry-v-hamrick/ - Texas Constitution and Statutes, Texas Legislature [legal_document, primary] URL: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.4.htm - Tulsa Law Review, University of Tulsa College of Law [academic, secondary] URL: https://web.archive.org/web/20250329090940id_/https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1308&context=tlr - Tyson v. State, Court of Appeals of Georgia, 2009-11-23 (court record via CourtListener), CourtListener (2009-11-23) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1286152/tyson-v-state/ - Vandyke v. State, Court of Appeals of Texas, 2016-02-10 (court record via CourtListener), CourtListener (2016-02-10) [legal_document, primary] URL: https://www.courtlistener.com/opinion/5446563/vandyke-v-state/ - von Thomas v. State, 2013-09-09 (court record via CourtListener), CourtListener (2013-09-09) [legal_document, primary] URL: https://www.courtlistener.com/opinion/5749155/von-thomas-v-state/ - Way v. Superior Court of San Diego Cty., 1977-10-19 (court record via CourtListener), CourtListener by California Court of Appeal (1977-10-19) [legal_document, primary] URL: https://www.courtlistener.com/opinion/2113394/way-v-superior-court-of-san-diego-cty/ - White v. State, Supreme Court of Georgia, 2017-09-13 (court record via CourtListener), CourtListener (2017-09-13) [legal_document, primary] URL: https://www.courtlistener.com/opinion/5749812/white-v-state/ - Will ‘Georgia Survivor Justice Act’ be applied for a Dougherty County mother?, WALB (2026-09-09) [journalism, secondary] URL: https://www.walb.com/2026/09/09/will-georgia-survivor-justice-act-be-applied-dougherty-county-mother/ - Williams v. State, Supreme Court of Georgia, 1999-11-15 (court record via CourtListener), CourtListener (1999-11-15) [legal_document, primary] URL: https://www.courtlistener.com/opinion/1383393/williams-v-state/ - Willis Metheny v. Garfield Hammonds, Jr., Court of Appeals for the Eleventh Circuit, 2000-07-07 (court record via CourtListener), CourtListener (2000-07-07) [legal_document, primary] URL: https://www.courtlistener.com/opinion/74698/willis-metheny-v-garfield-hammonds-jr/