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The Statev.Towns

CourtSupreme Court of Georgia
Docket No.S19A0557
DecidedOctober 21, 2019
Reporter307 Ga. 351
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureJury SelectionConstitutional LawStatutory InterpretationDue ProcessDissent
Case Summary

A Telfair County grand jury indicted Ronnie Towns for murder and armed robbery. Fewer than sixteen of the jurors originally summoned for grand-jury service appeared on time, so the clerk supplemented the group with two people drawn from a prospective petit-jury list. The clerk selected those individuals because she knew how to contact them and believed they could report immediately, rather than selecting them randomly. The grand jury returned an indictment, and the trial court later dismissed it after finding that the supplemental jurors had not been randomly chosen. The Georgia Supreme Court affirmed. It held that the governing statute required random selection from the authorized jury pool and that the clerk’s purposeful selection destroyed the randomness of the grand jury. The Court rejected the State’s attempt to obtain review of an alternative ground on which Towns had not prevailed. Justice Peterson, joined by Justice Boggs, dissented and would have treated the irregularity as insufficient to justify quashing the indictment. The indictment dismissal therefore stood.

Opinion

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