Section 21.22 In General

• Library: Criminal Practice 2012 Supp

1. (§21.22) In General

Section 494.480.2, RSMo 2000, provides:

2. In all criminal cases, the state and the defendant shall be entitled to a peremptory challenge of jurors as follows:

(1) If the offense charged is punishable by death, the state shall have the right to challenge nine and the defendant nine;

(2) In all other cases punishable by imprisonment in the penitentiary, the state shall have the right to challenge six and the defendant six;

(3) In all cases not punishable by death or imprisonment in the penitentiary, the state and the defendant shall each have the right to challenge two.

The trial court may impanel alternate jurors as it deems appropriate. Each side is entitled to one peremptory challenge from the alternate panel for every two alternate jurors selected. Section 494.485, RSMo 2000.

Section 494.480.4 provides: “Within such time as may be ordered by the court, the state shall announce its peremptory challenges first and the defendants thereafter.”

A defendant is entitled to a full panel of qualified jurors before being required to make peremptory strikes. State v. Wacaser, 794 S.W.2d 190 (Mo. banc 1990); State v. Leisure, 810 S.W.2d 560 (Mo. App. E.D. 1991). To avoid a reversal on appeal for failure to strike an unqualified juror, the state may waive a peremptory challenge to provide the defendant a full panel of...