W. Va. Code » §52-1-2. Prohibition of discrimination.
West Virginia Code

W. Va. Code § 52-1-2 (2026)

Prohibition of discrimination

✓ current as of May 2026
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ARTICLE 1. PETIT JURIES.

§52-1-2. Prohibition of discrimination.

A citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1970–2023 · leading case: Carter v. Jury Comm'n of Greene Cty., 396 U.S. 320 (1970).
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Carter v. Jury Comm'n of Greene Cty., 396 U.S. 320 (1970). · cites it 2× “§ 22-102 (1955) (same); W. Va. Code Ann. § 52-1-2 (1966) (same); cf.”
Bennett v. Warner, 372 S.E.2d 920 (W. Va. 1988). · cites it 2× “Code § 52-1-1, as well as the prohibition of certain forms of discrimination in selecting juries, W.Va.Code § 52-1-2. The 1986 jury selection statute substantially changed traditional procedures in this area, and legislative refinements were made in subsequent years.”
State v. Bongalis, 378 S.E.2d 449 (W. Va. 1989). · cites it 2× “The defendant’s final assignment of error is that one of the jurors had been convicted of a felony and, under W.Va. Code, 52-1-2 (1957), was disqualified from serving.”
State v. Vance, 250 S.E.2d 146 (W. Va. 1978). “The defendant also urges this Court to declare W.Va. Code, 52-1-2 [1957], and related statutory provisions dealing with the selection of petit jurors, unconstitutional as violative of due process and equal protection under both the federal and state constitutions.”
Berger v. United States, 867 F. Supp. 424 (S.D.W. Va 1994). · cites it 6× “” W.Va.Code § 52-1-2 (1945 Supp. to W.Va.Code of 1943).”
Toothman v. Brescoach, 465 S.E.2d 866 (W. Va. 1995). “]” It is also the stated policy of this State that “[a] citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability.”
State of West Virginia v. Shane Eric Hagerman (W. Va. 2023). · cites it 2× “” W. Va. Code § 52-1-2 . A party may challenge “compliance with [jury] selection procedures” by following a process established by the Legislature.”
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