Timeliness of Jury Oath Paves Way for New Trial
The Georgia Court of Appeals upheld a Cobb County trial court’s decision to grant a new trial in a DUI case due to a jury oath error.
The defendant argued that the judge administered the juror’s oath only after deliberations had begun, violating the procedure required under O.C.G.A. § 15-12-139.
The Appeals Court cited precedent from Adams v. State (2010), explaining that although a late oath is not always reversible error, it must occur before deliberations begin to preserve a fair trial. In this case, the oath was deemed so delayed that the jury became “fatally infirm,” compromising the verdict’s validity.
This case serves as a reminder of the importance of proper trial procedure and how even small judicial oversights can justify a new trial under Georgia law.
