Ohio Rev. Code » Chapter 2313
Ohio Revised Code

Ohio Rev. Code § 2313.16 (2026)

Array may be set aside

✓ current as of May 2026
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Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
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A challenge to the array may be made by any party. The whole array may be set aside by the court when the jury, grand or petit, was not selected, drawn, or summoned as required by Chapter 2313. of the Revised Code or if any group protected by section 2313.13 of the Revised Code is systematically excluded from the jury selection process. No indictment shall be quashed or verdict set aside for any irregularity in the selection of jurors if the jurors possessed the requisite qualifications to act as jurors.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1978–2021 · leading case: State v. Herring, 762 N.E.2d 940 (Ohio 2002).
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State v. Herring, 762 N.E.2d 940 (Ohio 2002). “Fair Cross-Section The judges of the Mahoning County Common Pleas Court have authorized the jury commissioner of that court to grant citizens’ requests to be excused from jury duty, applying the criteria set forth in R.C. 2313.16(A) through (E). The jury commissioner granted a…”
State v. Herring, 2002 Ohio 796 (Ohio 2002). “Fair Cross-Section {¶ 73} The judges of the Mahoning County Common Pleas Court have authorized the jury commissioner of that court to grant citizens’ requests to be excused from jury duty, applying the criteria set forth in R.C. 2313.16(A) through (E). The jury commissioner…”
State v. Freeman, 2021 Ohio 734 (Ohio Ct. App. 2021). “{¶ 14} R.C. 2313.16 and Crim.R. 24 control the selection of juries.”
State v. Curry, 2014 Ohio 3836 (Ohio Ct. App. 2014). “” Similarly, R.C. 2313.16 permits a challenge to the array.”
State v. Davis, 397 N.E.2d 1215 (Ohio Ct. App. 1978). · cites it 2× “17 provides: “A person who has been notified to attend as a juror and who makes application to be excused as provided by section 2313.16 of the Revised Code, on the ground that he is not qualified, or is exempt, shall present his excuse in open court to the judge.”
State v. Snowden, 2014 Ohio 2299 (Ohio Ct. App. 2014). · cites it 2× “FRANCESCHELLI: If I may, § ORC 2313.16, and it’s a memo that Judge Langer had circulated some time ago that pointed out the reasons 16 for excusing a citizen for jury service, and one of them is the interest of the public will be materially be (sic) injured by the juror’s…”
Ohio Rev. Code § 2313.16(A): 2 cases
State v. Herring, 762 N.E.2d 940 (Ohio 2002). “Fair Cross-Section The judges of the Mahoning County Common Pleas Court have authorized the jury commissioner of that court to grant citizens’ requests to be excused from jury duty, applying the criteria set forth in R.C. 2313.16(A) through (E). The jury commissioner granted a…”
State v. Herring, 2002 Ohio 796 (Ohio 2002). “Fair Cross-Section {¶ 73} The judges of the Mahoning County Common Pleas Court have authorized the jury commissioner of that court to grant citizens’ requests to be excused from jury duty, applying the criteria set forth in R.C. 2313.16(A) through (E). The jury commissioner…”
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