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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI STATE OF MISSISSIPPI VS. CAUSE NUMBER DEFENDANT MOTION FOR JUROR SUMMONSES TO BE SERVED BY MAIL COMES NOW, , by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution and Article 3, §§ 5, 12, 13, 14, 15, 16, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31 & 32 of the Mississippi Constitution to order that the juror summonses be served by mail. In support of his/her motion, states as follows: 1. When--after the drawing of a special venire, for example--the juror summons is made by personal service, the juror will either assume that the case is a "special" one, or will ask the server (generally a deputy sheriff) what the case is all about. Thus, before any service is completed, there is often contact with the juror which may be presumptively prejudic ial. See, e.g., Remmer v. United States, 347 U.S. 227, 229, 74 S. Ct. 450, 98 L. Ed. 2d 654 (1954) ("[i]n a criminal case, any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial ") (emphasis supplied). 2. At the same time, often a large proportion of summons which have been mailed wil l be returned because of an address change. This is particularly true where the voter registrat ion rolls used in the jury selection process have not been purged recently. This has the effe ct of excluding those who are transient in the county, moving from one address to another. Being generally a lower income segment of society, these are people who can readily identify with the average indigent capital defendant. They are also a legally cognizable class under the Sixth, Eighth and Fourteenth Amendments to the United States Constitution. 3. It is simple to remedy this problem. The address on any summonses returned to the Clerk of Court may be researched at the updated voter registration list, or through the drivers' license lists, or through other such sources. WHEREFORE requests that this Court hold an evidentiary hearing, and grant the reli ef requested. Respectfully submitted, By:_________________________ 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 . _____________________________