O.C.G.A.
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.
Upon final submission of the case to the jury, the alternate jurors shall not retire with the jury of 12 for deliberation but may be discharged. However, if the court deems it advisable, it may direct that one or more of the alternate jurors be kept in the custody of the sheriff or one or more court officers, separate and apart from the regular jurors, until the jury has agreed upon a verdict.
History
(Ga. L. 1957, p. 466, § 4; Ga. L. 1968, p. 1225, § 4.)
Annotations
JUDICIAL DECISIONS It is error to allow alternate juror to retire with other jurors for deliberations over defense counsel’s objections. Bullock v. State, 150 Ga. App. 824, 258 S.E.2d 610 (1979). Presence of alternate juror harmless. - Presence of alternate juror in jury room during deliberations was harmless error since the alternate juror did not influence any juror, or the verdict of the entire jury. State v. Newsome, 259 Ga. 187, 378 S.E.2d 125 (1989). Objection to presence of alternate waived. - In a prosecution for kidnapping with bodily injury and aggravated assault in which an alternate juror had been present in the jury room during deliberations, contrary to O.C.G.A. § 15-12-171, but no verdict had been reached and the alternate had been removed, the defendant’s agreement to allow jury deliberations to proceed waived any claim of error. Nelson v. State, 278 Ga. App. 548, 629 S.E.2d 410 (2006). Replacement of regular juror with alternate harmless error. - Replacement of a regular juror with an alternate juror during jury deliberations, due to an innocent error by the jurors as to who was the regular juror and who was the alter-
nate, was harmless error since the correct number of jurors deliberated, and the extra juror had no influence upon the jury’s decision. Ballentine v. State, 194 Ga. App. 560, 390 S.E.2d 887 (1990). Death penalty jurors not excused following guilty verdict. - There is no requirement that alternate jurors in a death penalty case be excused once the jury has rendered a verdict as to guilt, and no need to keep the jurors separate when the jury is not deliberating. Lonchar v. State, 258 Ga. 447, 369 S.E.2d 749 (1988), cert. denied, 488 U.S. 1019, 109 S. Ct. 818, 102 L. Ed. 2d 808 (1989). Waiver to alternate’s participation. - Defense counsel’s consent to the trial court’s proposal that an alternate juror witness jury deliberations so that the alternate would be privy to the discussion in case a juror had to be excused, thereby avoiding the need to start deliberations anew with the alternate, waived any error that resulted. London v. State, 260 Ga. App. 780, 580 S.E.2d 686 (2003). Trial court did not err in allowing an alternate juror to be present during, but not participate in, jury deliberations because in cases when defense counsel agreed to the alternate juror’s presence
during deliberations any error was waived. Chandler v. State, 309 Ga. App. 611, 710 S.E.2d 826 (2011). RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Jury, § 129.
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1984–2025 · leading case:
Lester v. State, 849 S.E.2d 425 (Ga. 2020).
Lester v. State, 849 S.E.2d 425 (Ga. 2020).
· cites it 12× “Lester is correct that OCGA § 15-12-171 was violated here, but we nonetheless conclude that the State met its burden of showing that the alternate 17 juror’s presence during deliberations was harmless. After the verdicts were published but before the jury was discharged, the…”
Eller v. State, 811 S.E.2d 299 (Ga. 2018).
· cites it 4× “OCGA § 15-12-171 provides that upon final submission of the case to the jury "the alternate jurors shall not retire with the jury of 12 for deliberation," and if the court deems it advisable that one or more of the alternate jurors be kept available, they shall be kept "separate…”
Eller v. State, 303 Ga. 373 (Ga. 2018).
· cites it 4× “OCGA § 15-12-171 provides that upon final submission of the case to the jury “the alternate jurors shall not retire with the jury of 12 for deliberation,” and if the court deems it advisable that one or more of the alternate jurors be kept available, they shall be kept “separate…”
Coley v. State, 827 S.E.2d 241 (Ga. 2019).
· cites it 4× “" OCGA § 15-12-171. If the trial court deems it advisable to keep one or more of the alternate jurors available, however, "it may direct that one or more of the alternate jurors be kept in the custody of the sheriff or one or more court officers, separate and apart from the…”
Devier v. State, 323 S.E.2d 150 (Ga. 1984).
· cites it 4× “See OCGA § 15-12-171. (a) Any possible error in the court's refusal to grant Devier's initial challenges to the two potential jurors who were later excused for other reasons is clearly harmless since Devier ultimately obtained the relief he initially sought, i.”
Lonchar v. State, 369 S.E.2d 749 (Ga. 1988).
· cites it 4× “When the case was presented to the jury for deliberation on the issue of guilt, the alternates were separated from the jury until the jury reached its verdict, as required by OCGA § 15-12-171. After the verdict of guilty was published, the court recessed for the evening, and the…”
London v. State, 580 S.E.2d 686 (Ga. Ct. App. 2003).
· cites it 2× “London argues that the trial court erred in allowing an alternate juror to go out with the jury to the jury room and to witness deliberations in violation of OCGA § 15-12-171. Under this statute, the alternate juror is prohibited from witnessing the jury’s deliberations.”
Nelson v. State, 629 S.E.2d 410 (Ga. Ct. App. 2006).
· cites it 2× “OCGA § 15-12-171 prohibits an alternate juror from retiring with the jury and witnessing the deliberations.”
Chandler v. State, 710 S.E.2d 826 (Ga. Ct. App. 2011).
· cites it 2× “OCGA § 15-12-171 provides: “Upon final submission of the case to the jury, the alternate jurors shall not retire with the jury of 12 for deliberation!.”
State v. Newsome, 378 S.E.2d 125 (Ga. 1989).
· cites it 2× “Newsome appealed his convictions contending the presence of the alternate juror during the jury’s deliberations constituted a violation of OCGA § 15-12-171 which provides, in part: “the alternate jurors shall not retire with the jury of 12 for deliberation” and that such…”
Chandler v. State, 710 S.E.2d 826 (Ga. Ct. App. 2011).
· cites it 2× “OCGA § 15-12-171 provides: "Upon final submission of the case to the jury, the alternate jurors shall not retire with the jury of 12 for deliberation[.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.