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2018 Georgia Code 15-12-171 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 5 TRIAL JURIES

15-12-171. Discharge or separate custody of alternate jurors upon submission of verdict.

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.

(Ga. L. 1957, p. 466, § 4; Ga. L. 1968, p. 1225, § 4.)

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).

In the defendants' murder trial, although it was error for the alternate jurors to be allowed to retire with the other jurors during deliberations, O.C.G.A. § 15-12-171, the defendants agreed to allow this procedure, and no harm was shown based on the affidavits of all 12 jurors and the alternates that the alternates did not participate in deliberating. Eller v. State, 303 Ga. 373, 811 S.E.2d 299 (2018).

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 alternate, 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.

Cases Citing Georgia Code 15-12-171 From Courtlistener.com

Total Results: 5

Coley v. State

Court: Supreme Court of Georgia | Date Filed: 2019-04-15

Citation: 827 S.E.2d 241, 305 Ga. 658

Snippet: for deliberation but may be discharged." OCGA § 15-12-171. If the trial court deems it advisable to keep

Eller v. State

Court: Supreme Court of Georgia | Date Filed: 2018-03-05

Citation: 811 S.E.2d 299

Snippet: shown that they were harmed by this error. OCGA § 15-12-171 provides that upon final submission of the case

State v. Newsome

Court: Supreme Court of Georgia | Date Filed: 1989-04-14

Citation: 378 S.E.2d 125, 259 Ga. 187

Snippet: deliberations constituted a violation of OCGA § 15-12-171 which provides, in part: "the alternate jurors

Lonchar v. State

Court: Supreme Court of Georgia | Date Filed: 1988-07-13

Citation: 369 S.E.2d 749, 258 Ga. 447, 1988 Ga. LEXIS 327

Snippet: jury reached its verdict, as required by OCGA § 15-12-171. After the verdict of guilty was published, the

Devier v. State

Court: Supreme Court of Georgia | Date Filed: 1984-11-29

Citation: 323 S.E.2d 150, 253 Ga. 604, 1984 Ga. LEXIS 1049

Snippet: participate in the jury deliberations. See OCGA § 15-12-171. (a) Any possible error in the court’s refusal