Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

  • Home
  • Practice Areas
    • Criminal Defense Attorney
      • Assault & Battery
      • Bench Warrants
      • Burglary
      • Bail Bonds
      • Drug Crimes
      • Hit and Run
      • Homicide
      • Juvenile Defense
      • Misdemeanors
      • Probation Violations
      • Resisting Arrest
      • Sex Offenses & Rape
      • Stalking
      • Theft
      • Weapons Offenses
      • White Collar Crimes
    • Divorce
    • DUI Defense
    • Georgia Gun Trust
    • Gun Trust
    • Personal Injury
      • Brain Spinal Cord Injuries
      • Dog Bites
      • Distracted Driver
      • Medical Malpractice
      • Motorcycle Accident
      • Pedestrian Bicycle Accidents
      • Personal Injury Compensation
      • Reckless Driver
      • Trucking Accidents
      • Wrongful Death
    • Traffic Violations
  • About the Attorney
  • Blog
  • Contact
You are here: Home / Criminal / Timeliness of Jury Oath Paves Way for New Trial

September 26, 2016

Timeliness of Jury Oath Paves Way for New Trial

Prior to a jury deliberating a case, its members must listen to and swear by an oath as dictated by O.C.G.A. § 15-12-139. The oath requires that jurors provide a verdict according to the evidence presented during trial, a reminder that they should let the facts dictate the outcome. In a case before Cobb State Court, a defendant, who was charged with DUI per se and other offenses, filed a motion for a new trial because the judge didn’t perform the oath until after the jury had already started deciding the defendant’s fate. The judge granted the new trial upon realizing her oversight. The prosecution appealed, contending that the jury members took the oath before reaching a verdict and “there was no evidence of harm.”

Georgia’s Court of Appeals reviewed the case, noting the conclusion of Adams v. State, 286 Ga. 496 (2010). Ideally, the oath should be applied when the jury is empaneled, but “in the absence of a showing of actual prejudice, there is no reversible error if a belated oath is given prior to the jury’s deliberations.” The Court felt that in this particular situation the oath was delivered so late that it caused the jury to be “fatally infirm.” The Court upheld the trial court’s decision to grant the defendant a new trial.

Filed Under: Criminal

Contact Us

  • This field is for validation purposes and should be left unchanged.

Thirteen People Arrested in Major Drug Bust

After they executed several search warrants in central Georgia, authorities seized forty pounds of … [Read More...]

Is Domestic Violence a Big Deal?

It depends on who you ask. Most defendants don’t think domestic violence is a big deal, especially … [Read More...]

Breaking Down a Retail Theft Case in Cobb County

It’s a victimless crime. The store just writes off the loss. The rich manufacturer doesn’t care … [Read More...]

What Are the Crimes That Can Get You Deported?

Prior to 1924, between 10 and 15 percent of Americans were foreign born. Then, Congress passed the … [Read More...]

Collateral Consequences of Criminal Convictions

Direct consequences of criminal convictions include lengthy incarceration, high fines, and extended … [Read More...]

The Phillips Law Firm, LLC
341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

Copyright © 2023 · Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer client relationship.