State v. Sardeson

NANCY STEFFEN RAHMEYER, Judge.

A circuit clerk in charge of seating a venire pool from a master list of prospective jurors inadvertently 1 created a jury list by ordering the computer to seat the jurors according to their birthdates. The first members of the venire were the oldest and the last were the youngest; therefore, the seating was not random but according to age. The question before this Court is whether that jury selection process was a substantial failure to comply with chapter 494. 2 We find that it was and are forced to reverse and remand for a new trial.

Chapter 494, entitled…