Well, here is one more thing to be on the look out for when conducting voir dire. Make sure the jurors reside in the city, county, district or state where the trial occurs. In a recent sexual assault trial in Escambia County, AL, one of the jurors who heard the case was apparently from Escambia County, FL. Because the juror was not a resident of Escambia County, AL, the Alabama Court of Criminal Appeals ultimately overturned the defendant's conviction and hefty sentence.
New trial ordered on allegation of rape and sodomy of child due to juror dishonest about residency
Juror No. 216, as well as his wife, were subpoenaed to court to testify about their residency. The juror had an Alabama post office box, paid Alabama income taxes, had an Alabama drivers license, and had a job that required him to be an Alabama resident. He did not own property in Alabama, and he and his wife owned property just across the state line in Florida. Juror No. 216 denied that he lived at the house in Florida, but also denied that he and his wife were separated. Both he and his wife were evasive about further details, such as how often he actually slept in the house. The juror admitted he did not respond during voir dire (preliminary questioning of potential jurors before trial) when the judge asked questions about the residency requirements for serving on a jury.
The Alabama Court of Criminal Appeals said Alabama law requires a potential juror to be a resident of the county in which the trial will be held for at least 12 months before the trial begins. This requirement is mandatory, and is not a matter within the trial court's discretion. Therefore, whether or not Juror No. 216 was an Alabama resident as defined in the statute would determine whether he was qualified to serve as a juror.
Chavers v. State, No. CR-06-0755 (Ala. Crim. App. 4/4/2008)
