O.C.G.A.

O.C.G.A. § 15-12-126.1 (2019)

Absence of panels of trial jurors in misdemeanor cases; choosing and summoning make-up panels

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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On and after July 1, 2012, when the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where jurors, or any part of a panel, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The clerk shall choose and cause to be summoned additional prospective trial jurors.

History

(Code 1981, § 15-12-126.1, enacted by Ga. L. 2011, p. 59, § 1-45/HB 415.)

Annotations

Editor’s notes. - Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: ‘‘This Act shall be

known and may be cited as the ‘Jury Composition Reform Act of 2011.’ ’’

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 59-711 and former O.C.G.A. § 15-12-124 are included in the annotations for this Code section. Juror having deficiency propter defectum may be rendered specially competent by failure of parties to challenge. Lindsey v. State, 57 Ga. App. 158, 194 S.E. 833 (1938) (decided under former Code 1933, § 59-711).

Error may not be first asserted after the verdict. - If the sheriff, without the knowledge and consent of movants, selected as jurors certain persons whose names were not drawn from the jury box as required, such a point cannot be successfully raised for the first time after the verdict. Thomasson v. Hudmon, 185 Ga. 753, 196 S.E. 462 (1938) (decided under former Code 1933, § 59-711).

RESEARCH REFERENCES C.J.S. - 50A C.J.S., Juries, § 328 et seq.

15-12-127 through 15-12-129. Reserved. Repealed by Ga. L. 2011, p. 59, §§ 1-46 - 1-48/HB 415, effective July 1, 2012. Editor’s notes. - This Code section was based on Ga. L. 1871-72, p. 47, § 3; Ga. L. 1873, p. 41, § 1; Code 1873, § 3936; Code 1882, § 3936; Code 1882, § 3942; Ga. L. 1882-83, p. 99, § 1; Ga. L. 1884-85, p. 41, § 1; Ga. L. 1884-85, p. 90, § 1; Penal Code 1895, § 862; Penal Code 1910,

§ 866; Penal Code 1895, § 866; Penal Code 1910, § 870; Penal Code 1895, § 871; Penal Code 1910, § 875; Code 1933, § 59-710; Code 1933, § 59-712; Code 1933, § 59-713; Ga. L. 2011, p. 59, § 1-46/HB 415, and was repealed on its own terms, effective July 1, 2012.