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  1. #1

    Default When Does a Defendant Get the Jury Selection List for Purposes of Investigation

    My question involves criminal law for the state of: TN

    How many days prior to a trial must the jury selection list be made available for investigation to commence?

  2. #2
    Join Date
    Jul 2010
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    7,872

    Default Re: Tenn, R. Crim. P. Jury Selection List, Available How Many Days Before Trial

    What investigation are you talking about? Are you talking about before the trial where a jury has been seated or prior to voir dire where jurors will be selected?

    If you are referring to prior to voir dire, I do not see anything in Tennessee law that sets a time when the list must be provided.

  3. #3
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    Sep 2010
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    Default Re: When Does a Defendant Get the Jury Selection List for Purposes of Investigation

    In Tennesee the list of jurors in the selected pool is available for public inspection (by anybody, not just the parties to the case). 22-2-308 TN CODE.

  4. #4
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    Oct 2014
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    Default Re: When Does a Defendant Get the Jury Selection List for Purposes of Investigation

    Any member of the public may pick up the jury pool list from the court clerk once the jury pool has been summoned. They must be sent the summons at least 10 days before they are to serve (and thus 10 days before the trial) and the list is supposed to be made available right after the summons go out. Thus, about 10 days before the trial the defendant’s lawyer may get the list if he/she wishes to do an investigation of pool members. But if Tennessee does jury pools anything like the jurisdictions in which I practice do, the jury pool in larger cities is huge, several hundred people, and it would not be practical or cost efficient to try to do much investigation of that pool prior to trial. Attorneys generally focus on the answers to the questions given when they respond to the summons along with the answers they give during voir dire in making their selections.

    I’d caution any criminal defendant not to contact any member of the jury pool at any point prior to the end of the trial. Contact with jurors ahead of time by the defendant risks either accusations of jury tampering and/or tainting the jury, neither of which is a good thing for the defendant.

  5. #5
    Join Date
    Sep 2010
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    19,656

    Default Re: When Does a Defendant Get the Jury Selection List for Purposes of Investigation

    You might want to back up a few sections in the TN code for the rules on how selection is supposed to be made. However, as far as Grand Juries go (if you had done the proper thing here and keep your drivel in the same thread, we'd have given a better answer, if we knew it had been a grand jury), there's no guarantee even when selection is done above board that you have any kind of guarantee of diversity.

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