Fill and Sign the Handbook for Jurors Oregon State Bar Form

IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) ) ) V. ) NO. ) ) NAME OF DEFENDANT ) ) ) MOTION FOR AN ORDER REQUIRING THAT JUROR QUESTIONNAIRES BE SENT WITH THE JUROR SUMMONS TO EACH PROSPECTIVE JUROR COMES NOW, _____________, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Consti tution and Article _____, Sections __________ of the __________ Constitution to enter an order requiring that juror questionnaires be sent with the juror summons to each prospective juror. In support of his motion, _________ states as follows: 1. If ____________ is to receive a fair trial, it is vital that the information available to the prosecution and the defense concerning potential jurors is accurate and thorough. See, e.g., Coleman v. Kemp, 778 F.2d 1487, 1542 (11th Cir. 1985), cert. denied, 476 U.S. 1164 (1986) (voir dire procedures inadequate to uncover prejudice); Jordan v. Lippman, 763 F.2d 1265 (11th Cir. 1985) (jury selection procedures must be adequate to unearth prejudice, fail ure to expose potential prejudice of jurors requires reversal of conviction); Melson v. Dickson, 63 Ga. 682, 686 (1879) ("an impartial jury is the cornerstone of the fairness of trial by jury."). 2. Moreover, because of the exceptional and irrevocable nature of the death penalty, the Supreme Court has held that every precaution is constitutionally required to ensure -2- the fairness and reliability of decisions regarding both guilt and punishment in a capital trial. Eddings v. Oklahoma, 455 U.S. 104, 118, 102 S. Ct. 869, 71 L. Ed. 2d 1 (1982) (O'Connor, J., concurring) (observing that "extraordinary measures" are required in a capital trial that are not required in other criminal cases). In Turner v. Murray, 476 U.S. 28, 106 S. Ct. 1683, 90 L. Ed. 2d 27 (1986), the Court held that the trial court's refusal to allow certain voir dire questi ons required reversal as to the death sentence even though it did not require that the c onviction be set aside. 3. From the "constitutional standard of fairness [which] requires that a state defendant have a panel of impartial, indifferent jurors," Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 2036, 44 L. Ed. 2d 589 (1975), flows the conclusion that a full and fair voir dire process must be allowed in a criminal case. Indeed, defense counsel are "permitted a broad range of questions in examination of prospective jurors." Henderson v. State, 251 Ga. 398, 306 S.E.2d 645, 647 (1983) (quoting, Bethay v. State, 235 Ga. 371, 377, 219 S.E.2d 743 (1975)). There is a broad range of areas where voir dire must be permitted. See, e.g., Turner v. Murray, 476 U.S. 28, 106 S. Ct. 1683, 90 L. Ed. 2d 27 (1986) (error to prevent questioning regarding possible racial bias); Legare v. State, 256 Ga. 302, 348 S.E.2d 881 (1986) (same); Chavez v. United States, 258 F.2d 816, 819 (10th Cir. 1958) (questioning concerning credibility of law enforcement officers); King v. Jones, 824 F.2d 324, 326 (4th Cir. 1987) (same); Henderson v. State, 306 S.E.2d at 648-649 (whether prospective jurors are related to former or current law enforcement employees, and stating that questions must be allowed if they relate to the "type or nature of the suit being tried"); Ridgway v. State, 174 Ga.App. 663, 330 S.E.2d 916 (1985) (whether juror has ever taken drugs); Craig v. State, 165 Ga.App. 156, 299 S.E.2d 745, 746 (1983) (questions relating to jurors' experiences with drugs); State v. Ball, 685 P.2d 1055 (Utah -3- 1984) (same); Cowan v. State, 156 Ga.App. 650, 275 S.E.2d 665 (1980) (questions relating to jurors' membership or participation in various organizations). However, these areas are merely illustrative of those areas into which questioning by counsel may be permitted, in the exercise of this Court's discretion. 4. Attached to this motion is a proposed juror questionnaire, along with a proposed letter to the venire persons, which will elicit background information, which ma y be relevant to challenges for cause as well as the intelligent and informed exe rcise of peremptory challenges. The questionnaire will provide the parties and the Court with responses that may alert them to possible relationships, associations or experiences, which may be a sourc e of bias or prejudice. It will also provide information, which is necessary for the intelligent use of peremptory strikes. 5. The questionnaire will also save substantial time that can be devoted in voir dire to questioning about the extensive, sensational, and highly prejudicial publicity re garding this case in the media. Courts in the State of Mississippi have ordered that a simi lar questionnaire be mailed to jurors in many cases. See, e.g., State of Mississippi v. Jim Ne al, No. 263-89 (Lauderdale Co.); State of Mississippi v. Ronnie Lee Conner, Nos. 134-90, 135-90, 136- 90 (Lauderdale Co. 1990); State of Mississippi v. Kenneth Rone, No. 104-89 (Lauderdale Co.); State of Mississippi v. Thomas Franklin Sherrell, No. 315-88 (Lauderdale Co.); State of Missis- sippi v. Ron Chris Foster, No. 301-90 (Lauderdale Co. 1991); State of Mississippi v. Glenn Atwood Spears, No. 088-88 (Lauderdale Co.); State of Mississippi v. Clarence Johnson a/k/a/ "Pot" Johnson, No. 2019-C (Lauderdale Co.). _______________ moves that the questionnaires may be served at the same time as the summons, that jurors directed to complete the -4- questionnaires within five days and return them in postage-paid envelopes addressed to the clerk of the court. WHEREFORE, ________ requests that an evidentiary hearing be held on this motion, and that this Court enter an order requiring: a. that juror questionnaires be sent out with summonses to the venire persons; b. that prospective jurors be provided with postage-paid envelopes addressed to the clerk of the court and directed to complete the forms and return them to the Court within five days; c. that the clerk be directed to make copies of all questionnaires and provide them at the same time to counsel for the State and for _____________; d. such other relief as may be appropriate and warranted to protect his rights. Respectfully submitted, __________ By:_________________________ _________________________ -5- CERTIFICATE OF SERVICE I, _____________, attorney for ______________, do hereby certify that I have on this day delivered, by hand, a true and correct copy of the foregoing Motion to This the ____ day of __________ ____. Respectfully submitted, _____________________________