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Call Now: 904-383-7448Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a trial juror.
(Code 1981, §15-12-40, enacted by Ga. L. 2012, p. 173, § 3-1/HB 665.)
- This Code section became effective July 1, 2012.
- Registration of voters and compilation of official registered voters' lists, § 21-2-210 et seq.
- This Code section formerly pertained to the compilation, maintenance, and revision of jury lists. The former Code section was based on Ga. L. 1878-79, p. 27, § 2; Ga. L. 1878-79, p. 34, § 1; Ga. L. 1880-81, p. 124, § 1; Code 1882, §§ 3910b, 3910d; Ga. L. 1887, p. 31, § 1; Ga. L. 1892, p. 61, § 1; Penal Code 1895, §§ 815, 818; Ga. L. 1897, p. 40, § 1; Ga. L. 1899, p. 44, § 1; Penal Code 1910, §§ 816, 819; Code 1933, § 59-106; Ga. L. 1953, Nov.-Dec. Sess., p. 284, § 1; Ga. L. 1955, p. 247, § 1; Ga. L. 1967, p. 251, § 1; Ga. L. 1968, p. 533, § 1; Ga. L. 1973, p. 484, § 1; Ga. L. 1976, p. 438, § 1; Ga. L. 1978, p. 1611, § 1; Ga. L. 1979, p. 3, § 1; Ga. L. 1985, p. 149, § 15; Ga. L. 1985, p. 1511, § 2; Ga. L. 1987, p. 953, § 1; Ga. L. 1987, p. 1575, § 1; Ga. L. 1988, p. 13, § 15; Ga. L. 1989, p. 427, § 1; Ga. L. 1995, p. 1292, § 4; Ga. L. 1999, p. 890, § 1; Ga. 2001, Ex. Sess., p. 318, §§ 1-1, 2-1; Ga. L. 2005, p. 334, § 5-3/HB 501; Ga. L. 2006, p. 897, § 1/HB 1417; Ga. L. 2011, p. 59, § 1-15/HB 415 and was repealed by its own terms effective July 1, 2012.
- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 59-106 and former Code Section 15-12-40 are included in the annotations under this Code section.
- United States Const., amend. 14 protects all and not some citizens as to discrimination in jury selection. Simmons v. Jones, 317 F. Supp. 397 (S.D. Ga. 1970), rev'd on other grounds, 478 F.2d 321 (5th Cir. 1973) (decided under former Code 1933, § 59-106).
- Jury service is not a right or privilege but is a burden which the state summons certain of the state's citizens to bear. Simmons v. Jones, 317 F. Supp. 397 (S.D. Ga. 1970), rev'd on other grounds, 478 F.2d 321 (5th Cir. 1973) (decided under former Code 1933, § 59-106).
- Jurors are expected to bring into the box not only uprightness, but also intelligence, and there ought to be a presumption that jurors, through the use of the intelligence which the jurors are required to have in order to be qualified to be jurors, are able to correctly analyze the evidence and determine the facts, shown by such evidence, to have occurred. Purcell v. Hill, 111 Ga. App. 256, 141 S.E.2d 153 (1965) (decided under former Code 1933, § 59-106).
- Defendant did not show that juror was incompetent to serve merely because the juror gave an incoherent answer the first time the juror was polled about the defendant's verdict; thus, denial of the defendant's motion for a new trial was proper. Creed v. State, 255 Ga. App. 425, 565 S.E.2d 480 (2002) (decided under former O.C.G.A. § 15-12-40).
Cited in Ellington v. State, 292 Ga. 109, 735 S.E.2d 736 (2012).
Total Results: 20
Court: Supreme Court of Georgia | Date Filed: 2024-09-17
Snippet: Management, Jury Composition Rule 6 (“JCR 6”), OCGA § 15-12-40.1,2 and his right to an impartial jury and due
Court: Supreme Court of Georgia | Date Filed: 2021-05-17
Snippet: 173 (800 SE2d 307) (2017).5 See also OCGA § 15-12-40.1. One key provision of the JCR stated that
Court: Supreme Court of Georgia | Date Filed: 2019-02-18
Citation: 824 S.E.2d 255, 305 Ga. 170
Snippet: Amendment, **172Fourteenth Amendment2 , and OCGA § 15-12-40.1.3 We disagree. To challenge the composition
Court: Supreme Court of Georgia | Date Filed: 2018-10-22
Citation: 820 S.E.2d 640, 304 Ga. 686
Snippet: as required by the former version of *652OCGA § 15-12-40. However, this Court's review of the record supports
Court: Supreme Court of Georgia | Date Filed: 2017-05-15
Citation: 301 Ga. 171, 800 S.E.2d 307, 2017 WL 2061675, 2017 Ga. LEXIS 383
Snippet: Thompson, to develop recommended changes to OCGA § 15-12-40.1, related statutes, and the Unified Appeal Procedure
Court: Supreme Court of Georgia | Date Filed: 2014-04-22
Citation: 295 Ga. 108, 757 S.E.2d 856, 2014 Fulton County D. Rep. 1172, 2014 WL 1588631, 2014 Ga. LEXIS 298
Snippet: having been convicted of a felony. See OCGA §§ 15-12-40; 15-12-163 (b) (5). Indeed, as it appears that
Court: Supreme Court of Georgia | Date Filed: 2012-11-19
Citation: 292 Ga. 109, 735 S.E.2d 736, 2012 Fulton County D. Rep. 3623, 2012 Ga. LEXIS 965
Snippet: challenges under the former version of OCGA § 15-12-40 are subject to “standards comparable if not identical
Court: Supreme Court of Georgia | Date Filed: 2012-11-05
Citation: 291 Ga. 860, 734 S.E.2d 874, 2012 Fulton County D. Rep. 3430, 2012 Ga. LEXIS 855, 2012 WL 5381240
Snippet: OCGA § 15-12-40.2, which was in force at the time of the adverse possession trial.2 OCGA § 15-12-40.2, itself
Court: Supreme Court of Georgia | Date Filed: 2011-10-17
Citation: 717 S.E.2d 168, 289 Ga. 864, 2011 Fulton County D. Rep. 3180, 2011 Ga. LEXIS 995
Snippet: juries were unconstitutional and violated OCGA § 15-12-40 because Hispanic persons were under-represented
Court: Supreme Court of Georgia | Date Filed: 2011-03-18
Citation: 708 S.E.2d 362, 288 Ga. 876, 2011 Fulton County D. Rep. 794, 2011 Ga. LEXIS 251
Snippet: the Sixth and Fourteenth Amendments and OCGA § 15-12-40 as a result of the county’s forced balancing system
Court: Supreme Court of Georgia | Date Filed: 2010-11-01
Citation: 701 S.E.2d 189, 288 Ga. 98, 2010 Fulton County D. Rep. 3491, 2010 Ga. LEXIS 814
Snippet: the Sixth and Fourteenth Amendments, and OCGA § 15-12-40.[4] The standards for proving a prima facie jury
Court: Supreme Court of Georgia | Date Filed: 2010-06-28
Citation: 699 S.E.2d 25, 287 Ga. 735, 2010 Fulton County D. Rep. 2128, 2010 Ga. LEXIS 482
Snippet: guarantee of the Sixth Amendment, and under OCGA § 15-12-40, and we found no error. We now apply that same
Court: Supreme Court of Georgia | Date Filed: 2007-02-26
Citation: 642 S.E.2d 54, 281 Ga. 820, 2007 Fulton County D. Rep. 496, 2007 Ga. LEXIS 188
Snippet: motion, finding that the requirements of OCGA § 15-12-40(a)(1) concerning revision of the grand jury list
Court: Supreme Court of Georgia | Date Filed: 2006-10-02
Citation: 635 S.E.2d 707, 281 Ga. 149, 2006 Fulton County D. Rep. 3023, 2006 Ga. LEXIS 600
Snippet: Amendment's fair cross-section requirement, OCGA § 15-12-40, or the Unified Appeal Procedure, require both
Court: Supreme Court of Georgia | Date Filed: 2004-09-13
Citation: 602 S.E.2d 591, 278 Ga. 352, 2004 Fulton County D. Rep. 2976, 2004 Ga. LEXIS 619
Snippet: the jury panels as required by law. See OCGA § § 15-12-40(b), 15-12-42(b). Instead, he argues that the venire
Court: Supreme Court of Georgia | Date Filed: 2004-05-24
Citation: 597 S.E.2d 332, 278 Ga. 74, 2004 Fulton County D. Rep. 1717, 2004 Ga. LEXIS 413
Snippet: creating the grand jury list are found at OCGA § 15-12-40, et seq.[5] This Court has consistently held that
Court: Supreme Court of Georgia | Date Filed: 2004-03-01
Citation: 593 S.E.2d 335, 277 Ga. 617, 2004 Fulton County D. Rep. 769, 2004 Ga. LEXIS 181, 2004 WL 370220
Snippet: intelligent, and upright citizens of the county." OCGA § 15-12-40(a)(1). Contrary to Sealey's statement in his oral
Court: Supreme Court of Georgia | Date Filed: 2003-01-27
Citation: 576 S.E.2d 841, 276 Ga. 229, 2003 Fulton County D. Rep. 294, 2003 Ga. LEXIS 71
Snippet: 272 Ga. 691(1), 532 S.E.2d 78 (2000); OCGA § 15-12-40; Unified Appeal Procedure, Rule II(C)(6). There
Court: Supreme Court of Georgia | Date Filed: 2003-01-13
Citation: 575 S.E.2d 462, 276 Ga. 158, 2003 Fulton County D. Rep. 149, 2003 Ga. LEXIS 17
Snippet: Furthermore, this Court has held, based on OCGA § 15-12-40, that a defendant is entitled, under standards
Court: Supreme Court of Georgia | Date Filed: 2002-10-28
Citation: 571 S.E.2d 740, 275 Ga. 715, 2002 Fulton County D. Rep. 3159, 2002 Ga. LEXIS 960
Snippet: ineligible for jury service. Morrow, supra; OCGA § 15-12-40.1. *717Smith challenged the grand and traverse