The court shall require the names to be called from the venire list of all persons who have been served with a summons to appear in court that day for service as jurors and whose service has not been previously excused or postponed. The court may hear any excuses not previously heard and shall pass upon the qualifications of those in attendance for grand jury service. The court may in any case, including capital cases, excuse or postpone the service of any prospective juror outside the presence of the parties and their counsel in accordance with the provisions for excusal contained in Section 12-16-63.
If a grand jury is to be empaneled, the court shall draw from the venire list on a random basis the names of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury. If a petit jury is also to be empaneled, all qualified persons remaining whose service is not excused or postponed shall be sworn as petit jurors. If no grand jury is to be empaneled, all persons appearing who are qualified and not excused or whose service is not postponed shall be sworn as petit jurors. The court shall then cause to be randomly compiled a master strike list containing the names of all petit jurors so sworn as jurors.
(Acts 1919, No. 715, p. 1039; Code 1923, §§8622, 8623; Code 1940, T. 30, §§38, 39; Acts 1981, No. 81-788, p. 1381, §3; Act 2005-311, 1st Sp. Sess., §1.)
Notes of Decisions
Cited in
17
cases, 1978–2013 · leading case:
Windsor v. State, 683 So. 2d 1013 (Ala. Crim. App. 1993).
Windsor v. State, 683 So. 2d 1013 (Ala. Crim. App. 1993).
· cites it 8× “The relevant statutes dealing with the issue before us are § 12-16-74 and § 12-16-145. Section 12-16-74 states, in pertinent part: " The court shall require the names to be called from the venire list of all persons who have been served with a summons to appear in court that day…”
Ex Parte Branch, 526 So. 2d 609 (Ala. 1987).
“"(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a strike list or lists to be…”
McWhorter v. State, 781 So. 2d 257 (Ala. Crim. App. 1999).
· cites it 2× “1992); § 12-16-74, Ala.Code 1975. Thereafter, the potential juror the appellant now argues should not have been excluded identified herself to the trial court and the following transpired: "JUROR: I just don't believe in capital punishment.”
Taylor v. State, 808 So. 2d 1148 (Ala. Crim. App. 2000).
“Section 12-16-74, Ala.Code 1975. "`A judge in a capital case may excuse members of the venire outside the presence of the defendant and his counsel.”
Dobyne v. State, 672 So. 2d 1319 (Ala. Crim. App. 1994).
“Section 12-16-74, Code of Alabama 1975, specifically states that the appellant does not have to be present when potential jurors are excused: "The *1328 court may in any case, including capital cases, excuse .”
Smith v. State, 795 So. 2d 788 (Ala. Crim. App. 2000).
“cases and states in part: "In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a…”
Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2002).
“Section 12-16-74, Ala.Code 1975, specifically gives a trial court the right to excuse potential jurors outside the presence of the parties and their counsel.”
Scott v. State, 163 So. 3d 389 (Ala. Crim. App. 2012).
““Section 12-16-74, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of ‘undue hardship, extreme inconvenience, or public necessity,’ as provided in §…”
Reynolds v. State, 114 So. 3d 61 (Ala. Crim. App. 2010).
“*83 “Section 12-16-74, Ala.Code 1975, specifically gives a trial court the right to excuse potential jurors outside the presence of the parties and their counsel.”
Jackson v. State, 640 So. 2d 1025 (Ala. Crim. App. 1992).
“" Thereafter, the district attorney argued that, pursuant to § 12-16-74, Code of Alabama 1975, the court may in any case, including capital cases, exclude or postpone the service of a potential juror outside the presence of the parties and their counsel.”
Beck v. State, 365 So. 2d 985 (Ala. Crim. App. 1978).
“30, § 38, Code of Alabama 1940, Recompiled 1958; § 12-16-74, 1975 Code of Alabama. The only other provisions in relating to the number of grand jurors appear in T.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.