Fill and Sign the Motion for an Order Requiring that Juror Questionnaires Be Sent with the Juror Summons to Each Prospective Juror Mississippi Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI STATE OF MISSISSIPPI VS. CAUSE NUMBER             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 pursu ant 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 enter an order requiring that juror questionnaires be sent with the juror summons to each prospective juror. In support of his/her 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. , Cole man v. Kemp , 778 F.2d 1487, 1542 (11th Cir. 1985), cert. denied , 476 U.S. 1164 (1986) (voir dire procedures inade quate to uncover prejudice); Jordan v. Lippman , 763 F.2d 1265 (11th Cir. 1985) (jury selection procedures must be adequate to unearth prejudice, failure to expose potential prejudice of jurors re quires reversal of convic tion); Melson v. Dickson , 63 Ga. 682, 686 (1879) ("an impartial jury is the cornerstone of the fair ness of trial by jury."). 2. Moreover, because of the excep tional and irrevo cable nature of the death penalty, the Supreme Court has held that every precau tion is constitutionally required to ensure 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., concur ring) (ob serv ing that "ex traordinary mea sures" are required in a capital trial that are not required in other criminal cas es). 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 ques tions required reversal as to the death sentence even though it did not require that the conviction be set aside. 3. From the "constitutional standard of fairness [which] requires that a state defendant have a panel of impar tial, indif ferent 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 "permit t[ed] a broad range of ques tions in examination of prospec tive jurors." Hen derson v. State , 251 Ga. 398, 306 S.E.2d 645, 647 (1983) (quot ing, Bethay v. State , 235 Ga. 371, 377, 219 S.E.2d 743 (197 5)). There is a broad range of areas where voir dire must be permit ted. See , e.g. , Turner v. Murray , 476 U.S. 28, 106 S. Ct. 1683, 90 L. Ed. 2d 27 (1986) (error to pre vent ques tioning re gard ing possi ble 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); Hender son v. State , 306 S.E.2d at 648-649 (whether prospec tive jurors are related to former or current law enforce ment employ - ees, 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' experi ences with drugs); State v. Ball , 685 P.2d 1055 (Utah 1984) (same); Cowan v. State , 156 Ga.App. 650, 275 S.E.2d 665 (1980) (questions relating to jurors' member - ship or partici pation in various orga nizations). However, these areas are merely illus tra tive of those areas into which ques tion ing by counsel may be permit ted, in the exercise of this Court's discretion. 4. Attached to this motion is a proposed juror ques tion naire, along with a proposed letter to the venire persons, which will elicit background infor ma tion which may be relevant to challenges for cause as well as the intelligent and informed exercise of peremp tory challenges. The questionnaire will pro vide the par ties and the Court with responses that may alert them to possible relationships, associa tions or experiences which may be a source of bias or preju dice. It will also provide informa tion which is necessary for the intelli gent use of peremptory strikes. 5. The questionnaire will also save sub stantial time that can be devoted in voir dire to questioning about the exten sive, sensational, and highly prejudi cial publicity regard ing this case in the media. Courts in the State of Mississippi have ordered that a similar questionnaire be mailed to jurors in many cases. See , e.g. , State of Mississippi v. Jim Neal , No. 263-89 (Lauder - dale Co.); State of Mississippi v. Ronnie Lee Conner , Nos. 134-90, 135-90, 136-90 (Lauderdale Co. 1990); State of Missis sippi v. Kenneth Rone , No. 104-89 (Lauderdale Co.); State of Missis sippi v. Thomas Franklin Sherrell , No. 315-88 (Lauder dale Co.); State of Missis sippi v. Ron Chris Foster , No. 301-90 (Laud er dale 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 question naires may be served at the same time as the summons, that jurors directed to complete the 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 re quiring: a. that juror questionnaires be sent out with sum mons es to the venire persons; b. that prospective jurors be provided with postage-paid envelopes addressed to the clerk of the court and di rected to complete the forms and return them to the Court within       days; c. that the clerk be directed to make copies of all ques tionnaires and provide them at the same time to counsel for the State and for       ; d. such other relief as may be appropriate and war ranted to protect his/her rights. 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       20       . _____________________________