23A-19-3. Grounds for challenge to panel--Bias of officer summoning additional jurors.
A challenge to a panel may only be based on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel is composed of any persons who were summoned to serve as jurors pursuant to §16-13-42, a challenge may be taken to the panel based upon the alleged bias of the officer who summoned them if such bias would be sufficient grounds for a challenge to an individual juror under § 23A-20-13.1. Such challenge must be determined in the same manner as if made to an individual juror for bias.
Source: SDC 1939 & Supp 1960, §§34.3611, 34.3612; SDCL, §§23-43-11, 23-43-14; SL 1978, ch 178, §264; SL 2021, ch 86, § 4.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Section 23A-19-1 - Panel defined.
Section 23A-19-2 - Challenge to panel defined.
Section 23A-19-3 - Grounds for challenge to panel--Bias of officer summoning additional jurors.
Section 23A-19-4 - Time for challenge to panel--Ground stated.
Section 23A-19-5 - Challenge to panel when several defendants tried together.
Section 23A-19-6 - Objection to challenge--Entry and trial.
Section 23A-19-7 - Trial of sufficiency of challenge--Trial of fact issues.
Section 23A-19-8 - Examination of officers on trial of challenge to panel.