Massachusetts General Laws

Mass. Gen. Laws ch. 234A, § 74 (2026)

Irregularities or defects causing mistrial or verdict to be set aside

✓ current as of July 2026

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Section 74. Any irregularity in compiling any list of jurors or prospective jurors; or any irregularity in qualifying, selecting, summoning, confirming, postponing, excusing, cancelling, instructing, impanelling, challenging, discharging, or managing jurors; or any irregularity in limiting any term of juror service, in length or other incident of the term; or the fact that a juror shall be found to be not qualified under section four of this chapter; or any defect in any procedure performed under this chapter shall not be sufficient to cause a mistrial or to set aside a verdict unless objection to such irregularity or defect has been made as soon as possible after its discovery or after it should have been discovered and unless the objecting party has been specially injured or prejudiced thereby.

Notes of Decisions

Cited in 28 cases (3 in the last 5 years), 1987–2025 · leading case: Commonwealth v. Sheehy, 588 N.E.2d 10 (Mass. 1992).

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Commonwealth v. Sheehy, 588 N.E.2d 10 (Mass. 1992). · cites it 10× “We focus on the one argument raised by the Commonwealth that was not before us in Smith and Jones , that is, the contention that the Smith rule conflicts with G.L.c. 234A, § 74, [2] and must yield to the statute.”

Commonwealth v. Vuthy Seng, 924 N.E.2d 285 (Mass. 2010). · cites it 4× “Under G. L. c. 234A, § 74, a defect in jury empanelment does not warrant reversal unless a defendant objects to it “as soon as possible after its discovery or after it should have been discovered and unless [he] has been specially injured or prejudiced thereby.”

Commonwealth v. Pena, 913 N.E.2d 815 (Mass. 2009). · cites it 2× “First, G. L. c. 234A, § 74, precludes Pena’s claim.”

Commonwealth v. Jackson, 28 N.E.3d 437 (Mass. 2015). · cites it 2× “” G. L. c. 234A, § 74. While the defendant objected on being informed by the judge that a noncitizen had been on the jury, thus satisfying the first prong of the exception to the savings clause, the defendant has not shown any prejudice.”

Commonwealth v. Arana, 901 N.E.2d 99 (Mass. 2009). “See G. L. c. 234A, § 74 (no irregularity in discharging juror shall be sufficient cause to set aside verdict unless objecting party “has been specially injured or prejudiced thereby”).”

Commonwealth v. Garrey, 765 N.E.2d 725 (Mass. 2002). “See G. L. c. 234A, § 74 (providing that verdict shall not be set aside based on irregularity in excusing juror under G.”

Commonwealth v. Oppenheim, 86 Mass. App. Ct. 359 (Mass. App. Ct. 2014). · cites it 2× “The judge seated one student as a juror. (“I’m a student but I think I can handle the hardship.”

Commonwealth v. Hampton, 928 N.E.2d 917 (Mass. 2010). “See also G. L. c. 234A, § 74 (mistrial shall not be granted or verdict set aside for defect in discharge of juror under G.”

Commonwealth v. Swafford, 805 N.E.2d 931 (Mass. 2004). “” G. L. c. 234A, § 74. See Commonwealth v. Zimmerman, ante 146, 150-152 (2004).”

Commonwealth v. Sanders, 885 N.E.2d 105 (Mass. 2008). “See G. L. c. 234A, § 74 (no irregularity in discharging juror sufficient to set aside verdict unless objection made and objecting party specially injured or prejudiced thereby).”

Commonwealth v. Robinson, 864 N.E.2d 1186 (Mass. 2007). “See G. L. c. 234A, § 74. The alternate was a juror whom the defendant had agreed could be seated, and the alternate had heard all the evidence.”

Commonwealth v. Delong, 799 N.E.2d 1267 (Mass. App. Ct. 2003). “In addition, G. L. c. 234A, § 74, states, “[A]ny irregularity in .”

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