40.01
Qualifications of jurors.
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40.01 Qualifications of jurors.—Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles pursuant to chapter 322 or who have executed the affidavit prescribed in s. 40.011.
History.—s. 2, ch. 4015, 1891; ss. 1, 2, ch. 4122, 1893; GS 1570, 1571; s. 1, ch. 6531, 1913; RGS 2771, 2772; ss. 1, 2, ch. 12068, 1927; CGL 4443, 4444; s. 1, ch. 25126, 1949; ss. 1, chs. 26514, 26581, 26848, 1951; ss. 1, 2, ch. 67-154; s. 1, ch. 75-78; s. 1, ch. 79-235; s. 1, ch. 91-235; s. 1, ch. 91-424.
Notes of Decisions
Cited in 63
cases, 1945–2019 · leading case: Duren v. Missouri
Duren v. Missouri (1979)
“100, § 1; Fla. Stat. § 40.01 (1) (1961), repealed by 1967 Fla.”
Roper v. Simmons (2005)
“Code § 11-1906(b)(1)(C) (West 2001) Columbia Florida 18 Fla. Stat. § 40.01 (2003) Georgia 18 Ga. Code Ann.”
Carter v. Jury Comm'n of Greene Cty. (1970)
“§ 51-217 (1968); Fla. Stat. § 40.01 (3) (1965); Hawaii Rev.”
State v. Silva (1972)
“Fla. Stat. § 40.01 (1), F.S.A., provides that jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of the State and who have resided in the State for one year and in their respective counties for six months, and who are fully…”
Foster v. State (2002)
“" § 40.01(1), Fla. Stat. (1975) (emphasis added).”
Reed v. State (1974)
“That Fla. Stat. § 40.01 , F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida…”
Bryant v. State (1980)
“NOTES [1] § 40.01, Fla. Stat. (1977). The portions of § 40.”
Clark v. State (1979)
“*103 Clark next argues that the trial court erred in not excluding the entire jury panel because some prospective jurors are automatically excluded by the clerk for illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01,…”
McArthur v. State (1977)
“After careful examination of the record, we find that five of these contentions require neither reversal nor extensive discussion.”
Jacobs v. State (1981)
“Section 40.01, Florida Statutes (1973), provides inter alia that grand jurors " shall be taken from the male and female persons over age of twenty-one years, .”
Sireci v. State (1981)
“Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under fifteen years of age may be exempted from jury duty upon request.”
State v. Rodgers (1977)
“Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen years of age who are citizens of this state, [2] who have resided in this state for one year and in their respective counties for six months, and who are fully qualified…”
— 40.01(1) — 23 cases
Foster v. State (2002)
“" § 40.01(1), Fla. Stat. (1975) (emphasis added).”
McArthur v. State (1977)
“After careful examination of the record, we find that five of these contentions require neither reversal nor extensive discussion.”
Sireci v. State (1981)
“Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under fifteen years of age may be exempted from jury duty upon request.”
State v. Rodgers (1977)
“Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen years of age who are citizens of this state, [2] who have resided in this state for one year and in their respective counties for six months, and who are fully qualified…”
Vasil v. State (1979)
— 40.01(2) — 3 cases
Story v. State (1951)
Reed v. State (1974)
“That Fla. Stat. § 40.01 , F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida…”
Jones v. State (1974)
— 40.01(3) — 5 cases
State v. Silva (1972)
“Fla. Stat. § 40.01 (1), F.S.A., provides that jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of the State and who have resided in the State for one year and in their respective counties for six months, and who are fully…”
Clark v. State (1979)
“*103 Clark next argues that the trial court erred in not excluding the entire jury panel because some prospective jurors are automatically excluded by the clerk for illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01,…”
Williams v. State (1973)
Reed v. State (1974)
“That Fla. Stat. § 40.01 , F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida…”
Yanks v. State (1973)
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