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43-163. Same; preparation of cards for wheel; drawing of cards to select jury panels; maintenance and control of wheel; use of computers, when. Jury commissioners shall cause cards to be prepared such that the name of each person on the jury list shall appear on one card. Such cards shall be of uniform kind and size. Such cards shall be placed in a wheel designated by the commissioner, and while in the wheel shall be thoroughly mixed. After such cards are thoroughly mixed in the wheel, cards may be drawn therefrom as provided in this act for selection of members of jury panels. There shall be one and only one wheel for each county, and the commissioner shall assure that it is kept securely locked and it shall be maintained under the control of the commissioner. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.

History: L. 1971, ch. 176, ยง 9; July 1.

Cross References to Related Sections:

Filing of jury panel in criminal prosecutions with clerk of court, see 22-3408.

Computers authorized to select jury panels, when, see 43-107.

Law Review and Bar Journal References:

Discussed in survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 353 (1976).

CASE ANNOTATIONS

1. Method used in selection of jurors conformed to statutory requirements and did not violate defendant's constitutional rights. State v. Campbell, 217 Kan. 756, 760, 762, 763, 539 P.2d 329.

2. Cited as authority for selection of jury panels from computer; no error in district court's refusal to strike jury array. State v. Sandstrom, 225 Kan. 717, 730, 595 P.2d 324.

3. Jury panel selection process does not comply with statute, but jurors are selected at random from fair cross section of community. State v. Smith, 16 Kan. App. 2d 478, 486, 825 P.2d 541 (1992).


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