Virginia Code
Va. Code Ann. § 8.01-357 (2026)
Selection of jury panel
✓ current as of May 2026
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On the day on which jurors have been notified to appear, jurors not excused by the court shall be called in such manner as the judge may direct to be sworn on their voir dire until a panel free from exceptions shall be obtained. The jurors shall be selected randomly. The remaining jurors may be discharged or excused subject to such orders as the court shall make.
Code 1950, § 8-208.19; 1973, c. 439; 1977, c. 617; 1999, c. 3.
Notes of Decisions
Cited in 34
cases (8 in the last 5 years), 1980–2026 · leading case: Braulio Marcelo Castillo, s/k/a Braulio Marcello Castillo v. Commonwealth of Virginia, 827 S.E.2d 790 (Va. Ct. App. 2019).
Braulio Marcelo Castillo, s/k/a Braulio Marcello Castillo v. Commonwealth of Virginia, 827 S.E.2d 790 (Va. Ct. App. 2019). ““Code § 8.01-357 assures a defendant a right to an impartial jury drawn from ‘a panel [of not less than twenty] free from exceptions.”
Commonwealth v. Washington, 559 S.E.2d 636 (Va. 2002). “The record of this case is clear that before the voir dire process began, the judge was aware that the number of prospective jurors in the jury pool was barely adequate to provide Washington with a jury properly selected in accordance with the governing law. Nonetheless, the…”
Cressell v. Commonwealth, 531 S.E.2d 1 (Va. Ct. App. 2000). “Thus, we review a trial court’s decision whether to strike a prospective juror for cause for an abuse of discretion and that ruling will not be disturbed on appeal unless it appears from the record that the trial court’s action constitutes manifest error.”
Roberts v. CSX Transp., Inc., 688 S.E.2d 178 (Va. 2010). “1976), now Code § 8.01-357). Today, we hold that it is likewise prejudicial error in the civil context when a trial court forces a party to use a peremptory strike afforded under Code § 8.”
Amanda Barbara Nichole Taylor v. Commonwealth of Virginia, 796 S.E.2d 859 (Va. Ct. App. 2017). ““Code § 8.01-357 assures a defendant a right to an impartial jury drawn from ‘a panel [of not less than twenty] free from exceptions.”
Reeves v. Commonwealth, 593 S.E.2d 827 (Va. Ct. App. 2004). “” Specifically, Reeves argued the trial court violated Code § 8.01-357’s mandate that “[t]he jurors should be selected randomly” when, at the jury orientation held on December 3, 2001, the court requested and accepted volunteers from the jury pool to be on his jury panel.”
Gosling v. Commonwealth, 376 S.E.2d 541 (Va. Ct. App. 1989). “The judge denied the motion and Irby was peremptorily struck from the panel. *645 The right to a trial by an impartial jury is guaranteed under both the United States and Virginia Constitutions.”
Justus v. Commonwealth, 266 S.E.2d 87 (Va. 1980). “Swain was challenged for cause by counsel for the defendant, but their motion that she be disqualified was overruled. While grave questions were raised concerning the ability of the other five veniremen to sit impartially, we need only consider the action of the trial court in…”
Strickler v. Commonwealth, 404 S.E.2d 227 (Va. 1991). “Strickler moved to excuse the juror and proceed with a panel of eleven.”
Satcher v. Netherland, 944 F. Supp. 1222 (E.D. Va. 1996). “” Va.Code § 8.01-357. Therefore, unlike Ross , the fact that a defendant used a peremptory challenge to remove a prospective juror from the panel ultimately selected is irrelevant on appeal in determining whether the trial court committed error in not dismissing a juror for…”
Brown v. Commonwealth, 510 S.E.2d 751 (Va. Ct. App. 1999). “MOTION TO STRIKE PROSPECTIVE JURORS FOR CAUSE The right of an accused to a trial by an impartial jury is a constitutional right guaranteed under both the United States Constitution and the Virginia Constitution. See U.”
Brown v. Commonwealth, 533 S.E.2d 4 (Va. Ct. App. 2000). “” See Code § 8.01-357; see also Griffin v. Commonwealth, 19 Va.”
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