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2018 Georgia Code 15-12-131 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-12-131 Case Law from Google Scholar Amendments to OCGA 15-12-131

TITLE 15 COURTS

Section 12. Juries, 15-12-1 through 15-12-172.

ARTICLE 5 TRIAL JURIES

15-12-131. Examination of jurors in panels.

In the examination of individual jurors by counsel for the parties in civil and criminal cases, as provided in Code Section 15-12-164, applicable to felonies, and Code Section 15-12-133, applicable to all cases, it shall be the duty of the court, upon the request of either party, to place the jurors in the jury box in panels of 12 at a time, so as to facilitate their examination by counsel.

(Code 1933, § 59-720, enacted by Ga. L. 1956, p. 64, § 1.)

Law reviews.

- For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Voir Dire in the #LOL Society: Jury Selection Needs Drastic Updates to Remain Relevant in the Digital Age," see 47 J. Marshall L. Rev. 459 (2014).

JUDICIAL DECISIONS

Purpose of O.C.G.A. § 15-12-131 is to facilitate the determination of the impartiality of jurors, their ability to treat the cause on the merits with objectivity and freedom from bias and prior inclination. Mathis v. State, 176 Ga. App. 362, 336 S.E.2d 299 (1985).

Section does not provide for judicial discretion.

- Court's duty to place jurors in box is triggered upon request by either party that the court do so. Lett v. State, 160 Ga. App. 476, 287 S.E.2d 384 (1981).

Since O.C.G.A. § 15-12-131 does not provide for judicial discretion in the matter, the denial of defendant's request to voir dire prospective jurors in the jury box was in error. Mathis v. State, 176 Ga. App. 362, 336 S.E.2d 299 (1985).

Size of panels.

- Oath is administered by panels of 12 and voir dire questions are propounded to panels of 12; defendant can question them in panels of 12 or individually but not en masse to the entire group of 48 jurors at one time. Lahr v. State, 239 Ga. 813, 238 S.E.2d 878 (1977).

Conducting the examination in panels of 12, each segregated from the others without being seated in the jury box seriatim, is not reversible error. Brown v. State, 218 Ga. App. 469, 462 S.E.2d 420 (1995).

Refusal to put jury in jury box.

- Any harm caused by the judge's refusal to put the jury in the jury box upon request was cured by calling a recess and placing the jurors in the boxes along the sides of the courtroom. Raven v. State, 256 Ga. 366, 349 S.E.2d 383 (1986).

There was no error from the trial court seating jurors in panels of 12 in the jury box and on benches behind defense counsel's table. Jones v. State, 217 Ga. App. 722, 458 S.E.2d 894 (1995).

Cited in Reid v. State, 129 Ga. App. 657, 200 S.E.2d 454 (1973); Walls v. State, 161 Ga. App. 235, 291 S.E.2d 15 (1982); Ivester v. State, 252 Ga. 333, 313 S.E.2d 674 (1984); Perez v. State, 258 Ga. 343, 369 S.E.2d 256 (1988); Nichols v. State, 198 Ga. App. 323, 401 S.E.2d 338 (1991); Oliver v. State, 207 Ga. App. 681, 428 S.E.2d 681 (1993).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 108.

Cases Citing O.C.G.A. § 15-12-131

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Ivester v. State, 313 S.E.2d 674 (Ga. 1984).

Cited 37 times | Published | Supreme Court of Georgia | Mar 7, 1984 | 252 Ga. 333

...This section provides for the right to individual examination in criminal cases "after the usual voir dire questions have been put by the court." OCGA § 15-12-133 (Code Ann. § 59-705). It was also not error to place the jurors before the accused in panels of twelve. OCGA § 15-12-131 (Code Ann....
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Wainwright v. State, 823 S.E.2d 749 (Ga. 2019).

Cited 31 times | Published | Supreme Court of Georgia | Feb 4, 2019 | 305 Ga. 63

...But any error in this respect was harmless. *756"In the examination of individual jurors ... it shall be the duty of the court, upon a request of either party, to place the jurors in the jury box in panels of 12 at a time, so as to facilitate their examination by counsel." OCGA § 15-12-131....
...h general and individual voir dire questions be propounded to the jurors while they were seated in the jury box in panels of 12. But even assuming that the request included individual voir dire-a request that the court should have granted under OCGA § 15-12-131 -we conclude that under the circumstances of this case, the inclusion of two additional jurors in the panels during individual voir dire did not harm Wainwright....
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Hammond v. State, 542 S.E.2d 498 (Ga. 2001).

Cited 11 times | Published | Supreme Court of Georgia | Feb 16, 2001 | 273 Ga. 442

...nire. (a) Appellant takes issue with the trial court's denial of defense counsel's request that the general as well as the individual voir dire questions be propounded to the venire-persons *501 while seated in the jury box in panels of twelve. OCGA § 15-12-131 states: In the examination of individual jurors by counsel for the parties ......
...provide for the exercise of judicial discretion in this matter. Raven v. State, 256 Ga. 366(2), 349 S.E.2d 383 (1986); Mathis v. State, 176 Ga.App. 362, 336 S.E.2d 299 (1985); Lett v. State, 160 Ga.App. 476(1), 287 S.E.2d 384 (1981). The purpose of § 15-12-131 is to remove difficulties and impediments from the effort of ascertaining juror impartiality....
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Perez v. State, 369 S.E.2d 256 (Ga. 1988).

Cited 4 times | Published | Supreme Court of Georgia | Jun 23, 1988 | 258 Ga. 343

...Perez contends the trial court committed error when it refused to order panels of twelve jurors to be seated in the jury box seriatim. In response to Perez's request to voir dire the jury twelve at a time, the trial court stated "Well, you will have this twelve here, that twelve there and that twelve there." OCGA § 15-12-131 provides: "[I]t shall be the duty of the court, upon the request of either party, to place the jurors in the jury box in panels of 12 at a time, so as to facilitate their examination by counsel." There was no reversible error....

Wainwright v. State (Ga. 2019).

Published | Supreme Court of Georgia | Feb 4, 2019 | 258 Ga. 343

...eral and individual voir dire questions be propounded to the jurors while they were seated in the jury box in panels of 12. But even assuming that the request included individual voir dire—a request that the court should have granted under OCGA § 15-12-131— we conclude that under the circumstances of this case, the inclusion of two additional jurors in the panels during individual voir dire did not harm Wainwright....