Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

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

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 Georgia Code 15-12-131 From Courtlistener.com

Total Results: 4

Wainwright v. State

Court: Supreme Court of Georgia | Date Filed: 2019-02-04

Citation: 823 S.E.2d 749, 305 Ga. 63

Snippet: facilitate their examination by counsel." OCGA § 15-12-131. In accordance with that rule, we have held that

Hammond v. State

Court: Supreme Court of Georgia | Date Filed: 2001-02-16

Citation: 542 S.E.2d 498, 273 Ga. 442

Snippet: seated in the jury box in panels of twelve. OCGA § 15-12-131 states: In the examination of individual jurors

Perez v. State

Court: Supreme Court of Georgia | Date Filed: 1988-06-23

Citation: 369 S.E.2d 256, 258 Ga. 343, 1988 Ga. LEXIS 266

Snippet: that twelve there and that twelve there." OCGA § 15-12-131 provides: "[I]t shall be the duty of the court

Ivester v. State

Court: Supreme Court of Georgia | Date Filed: 1984-03-07

Citation: 313 S.E.2d 674, 252 Ga. 333, 1984 Ga. LEXIS 668

Snippet: before the accused in panels of twelve. OCGA § 15-12-131 (Code Ann. § 59-720). The appellant was given