Except in cases in which jury selection and selection of alternate jurors is governed by rules promulgated by the Mississippi Supreme Court, whenever, in the opinion of a circuit judge or chancellor presiding in a case in which a jury is to be used, the trial is likely to be a protracted one, such circuit judge or chancellor, in his discretion, may direct that one (1) or two (2) jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges for cause, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged at the time the jury retires to consider its verdict. In capital cases the defendant and the state shall each be allowed two (2) peremptory challenges to alternate jurors in addition to those otherwise provided by law. In all other cases each party shall be allowed one (1) peremptory challenge to alternate jurors in addition to those otherwise provided by law. In any criminal case all peremptory challenges by the state shall be made before the alternate juror is presented to the defendant. The additional peremptory challenges provided for herein may be used against an alternate juror only, and other peremptory challenges allowed by law may not be used against an alternate juror.
Codes, 1942, § 1792.5; Laws, 1954, ch. 241, §§ 1, 2 [Para.Para. 1-2]; Laws, 1991, ch. 573, § 103, eff. 7/1/1991.
Notes of Decisions
Abdur Rahim Ambrose v. State of Mississippi, 254 So. 3d 77 (Miss. 2018).
· cites it 16× “" Miss. Code Ann. § 13-5-67 (Rev. 2012). 15 Ambrose argues that, under the plain language of the statute, Turner should have been discharged and should not have been available to replace Jenkins.”
Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017).
· cites it 15× “Another statute applicable to capital and noncapital cases provides that “[a]lternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties .”
Archer v. State, 986 So. 2d 951 (Miss. 2008).
· cites it 4× “Miss.Code Ann. § 13-5-67 (Rev.2002); Myers v.”
MacK v. State, 650 So. 2d 1289 (Miss. 1994).
· cites it 4× “A juror is "disqualified" within Miss. Code Ann § 13-5-67 (Supp. 1994), where on voir dire examination he or she has withheld information or misrepresented material facts.”
McNeal v. State, 617 So. 2d 999 (Miss. 1993).
· cites it 4× “This Court, however, will look beyond the procedural bar at which point, Miss. Code Ann. § 13-5-67 (1972) will be considered.”
Balfour v. State, 598 So. 2d 731 (Miss. 1992).
· cites it 3× “§ 13-5-67 (Supp. 1991). Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties .”
Folk v. State, 576 So. 2d 1243 (Miss. 1991).
· cites it 4× “Miss. Code Ann. § 13-5-67 (1972) reflects the court's authority to remove a seated juror who becomes "unable" or "disqualified" to perform his or her duties.”
McCoy v. State, 820 So. 2d 25 (Miss. Ct. App. 2002).
· cites it 4× “The replacement of regular jurors with alternates is governed by section 13-5-67 of the Mississippi Code which states that "[a]lternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become…”
Vaughn v. State, 712 So. 2d 721 (Miss. 1998).
· cites it 5× “" Miss. Code Ann. § 13-5-67 (Supp. 1997). Vaughn contends that the record indicates that Wilder was qualified to exercise his duties as a juror, and the trial court should not have replaced him since both sides found him to be an acceptable juror.”
Russell v. State, 670 So. 2d 816 (Miss. 1995).
· cites it 2× “Both the State and Russell accepted provisional jurors 19 and 20.”
Collins v. State, 691 So. 2d 918 (Miss. 1997).
· cites it 2× “" The trial court was faced with information which indicated that Jackson failed to respond when she should have. Moreover, the challenge as to Jackson could have risen to the level of a challenge for cause although it is not required to do so.”
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