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17
May

8th day of jury selection – a jury is not seated

Over the course of the day in the State v. Casey Anthony trial, there were four instances when a panel of 12 jurors could have been seated.  Each time the number was about to reach “12”, the Defense used one of their back-strikes to knock the panel down to 11 potentials. (Judge Perry must have 12 persons to swear, having only 11 persons will not pass muster.)

As of the close of day today, there were 11 potential jurors left.

As far as the score, the defense has 2 back-strikes remaining; the State has 5 back-strikes remaining.  Once all back strikes are used, it gives an advantage to the other side as they will be able to keep a juror who leans to their philosophy (i.e. pro death penalty for the state, anti-death penalty for the defense), without the other side back-striking them.

Judge Perry’s magic number now is to get to a total of 12 jurors impaneled and sworn.   He is anxious to have this done tomorrow, before noon, so the remainder of the day can be dedicated to finding a sufficient number to cover the amount of alternate jurors needed.

Once Judge Perry has reached his “magic number” of persons impaneled, the group of jurors will not know who among them will be an alternate juror.  The alternate jurors are decided after both sides have rested their case.   The alternates usually remain sequestered until the case is decided.

I predict Thursday, possibly Friday, will be needed to find as many alternates as possible.  Each side will only have one back-strike during the selection of the alternate jurors.

With any luck, and barring any more back-strikes, there will be 12 people sworn by noon!

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