Ex Parte Deramus

Martin Eric Deramus was convicted of trafficking in cocaine and was sentenced to 20 years' imprisonment. Deramus appealed, arguing that his conviction was void because, he contended, the jury that convicted him was not properly sworn. Although the circuit clerk administered an oath to the jury venire, the record does not indicate that the trial court administered an oath to the petit jury that was selected and empaneled to hear his case or reminded the jurors that they were still under oath, as required by Ala. Code 1975, § 12-16-170, 1 and Rule 18.5, Ala.R.Crim.P.2 The Court of Criminal…