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

O.C.G.A. § 15-12-65.1 (2019)

Mailing of summonses; failure to receive notice

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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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On and after July 1, 2012, the clerk shall be authorized to mail all summonses by first-class mail addressed to the prospective jurors' most notorious places of abode at least 25 days prior to the date of the court the prospective jurors shall attend. Failure to receive the notice personally shall be a defense to a contempt citation.

History

(Code 1981, § 15-12-65.1, enacted by Ga. L. 2011, p. 59, § 1-33/HB 415.)

Annotations

Editor’s notes. - Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: ‘‘This Act shall be

known and may be cited as the ‘Jury Composition Reform Act of 2011.’ ’’

JUDICIAL DECISIONS Editor’s note. - In light of the similarity of the statutory provisions, annotations decided under former Penal Code 1910, § 827; former Code 1933, § 59-206; and former O.C.G.A. § 15-12-65 are in-

cluded in the annotations for this Code section. Statutes for selecting, drawing, and summoning jurors form no part of system to procure impartial jury, and

are directory to those whose duty it is to select, draw, and summon persons for jurors. Hulsey v. State, 172 Ga. 797, 159 S.E. 270 (1931) (decided under former Penal Code 1910, § 827). Section directory. - Provision of this section with respect to the precept is directory merely, and not mandatory, and a failure of the clerk of the superior court to carry out such provision affords no ground for a challenge to the array of the jurors put upon a defendant in a criminal case. Newham v. State, 35 Ga. App. 391, 133 S.E. 650 (1926) (decided under former Penal Code 1910, § 827).

This section merely requires that precept contain names of persons drawn. Hulsey v. State, 172 Ga. 797, 159 S.E. 270 (1931) (decided under former Code 1933, § 59-206). Failure of a juror to receive adequate notice is a defense to any contempt citation brought against that juror. Hunt v. State, 204 Ga. App. 799, 420 S.E.2d 656 (1992) (decided under former Code 1933, § 59-206). Cited in Culpepper v. United States Fid. & Guar. Co., 199 Ga. 566, 33 S.E.2d 168 (1945) (decided under former Code 1933, § 59-206).

RESEARCH REFERENCES Am. Jur. 2d. - 38 Am. Jur. 2d, Grand Jury, § 22. 47 Am. Jur. 2d, Jury, § 122.

C.J.S. - 38A C.J.S., Grand Juries, § 46 et seq.

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: State v. Towns, 834 S.E.2d 839 (Ga. 2019).
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State v. Towns, 834 S.E.2d 839 (Ga. 2019). · cites it 2× “”); OCGA § 15-12-65.1 (authorizing mailing of juror summons).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.