O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-12-169 (2019)

Manner of selecting alternate jurors

✓ 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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Reserved. Repealed by Ga. L. 2011, p. 59, § 1-60/HB 415, effective July 1, 2012.

Annotations

Editor’s notes. - This Code section was based on Ga. L. 1957, p. 466, § 2; Ga. L. 1968, p. 1225, § 2; Ga. L. 2005, p. 20,

§ 8/HB 170; Ga. L. 2011, p. 59, § 1-60/HB 415, and was repealed on its own terms, effective July 1, 2012.

Notes of Decisions
Cited in 16 cases, 1984–2012 · leading case: Devier v. State, 323 S.E.2d 150 (Ga. 1984).
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Devier v. State, 323 S.E.2d 150 (Ga. 1984). · cites it 4× “OCGA § 15-12-169. During the selection of the trial jurors, Devier used 14 of his allotted *607 20 peremptory strikes.”
Whittington v. State, 313 S.E.2d 73 (Ga. 1984). · cites it 4× “The state, however, exercised its eleventh strike before the first twelve jurors were selected. The defendant did not object. While we agree with the defendant that the law anticipates that the extra strikes be reserved until the alternates are being selected, OCGA § 15-12-169…”
O'kelley v. State, 670 S.E.2d 388 (Ga. 2008). · cites it 2× “A qualified panel of forty-two jurors is required to select a jury in a death penalty trial, allowing for twelve jurors plus fifteen strikes for each side. OCGA § 15-12-165. The State and the defense were each allotted four additional peremptory challenges for the purpose of…”
Crowley v. State, 728 S.E.2d 282 (Ga. Ct. App. 2012). · cites it 4× “[Crowley] has not shown how he was prejudiced by the use of an alternate, since pursuant to OCGA § 15-12-169, [ 1 ] alternates are selected in the same manner and must have the same qualifications as members impaneled as the jury.”
Brooks v. State, 635 S.E.2d 723 (Ga. 2006). · cites it 2× “18 OCGA § 15-12-169. 19 Worthy v. State, 223 Ga.”
Aldridge v. State, 365 S.E.2d 111 (Ga. 1988). · cites it 2× “OCGA § 15-12-169. In this case, the jury of twelve was struck from a panel of forty-two.”
Berry v. State, 480 S.E.2d 32 (Ga. 1997). · cites it 2× “The selection of alternate jurors is governed by the provisions of OCGA § 15-12-169. Whether or not this statutory provision was contravened is unclear because the record fails to disclose with certainty how many strikes were available in total to the defendants or to the State…”
Fugate v. State, 431 S.E.2d 104 (Ga. 1993). · cites it 2× “OCGA § 15-12-169. The jury selection process did not reach — and could not have reached — prospective juror number sixty.”
Forney v. State, 338 S.E.2d 252 (Ga. 1986). · cites it 2× “Further, Forney has not shown how he was prejudiced by the use of an alternate, since pursuant to OCGA § 15-12-169 alternates are selected in the same manner and must have the same qualifications as members impaneled as the jury.”
Nobles v. State, 411 S.E.2d 294 (Ga. Ct. App. 1991). · cites it 2× “451 ( 379 SE2d 165 ), upon which appellant relies, an alternate juror was available to serve here, and thus he “has not shown how he was prejudiced by the use of an alternate, since pursuant to OCGA § 15-12-169 alternates are selected in the same manner and must have the same…”
Herring v. State, 481 S.E.2d 842 (Ga. Ct. App. 1997). · cites it 2× “‘The single purpose for voir dire is the ascertainment of the impartiality of jurors, their ability to treat the cause on the merits with objectivity and freedom from bias and prior inclination.”
Payne v. State, 394 S.E.2d 781 (Ga. Ct. App. 1990). · cites it 2× “” However, that statutory provision must be balanced with two other considerations: (1) the general authority under OCGA § 15-12-172 to discharge a juror at any time for illness, inability to perform duty, or other legal cause; and (2) Payne’s failure to show how he was…”
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