Section 21.7 Making the Record

• Library: Criminal Practice 2012 Supp

B. (§21.7) Making the Record

To properly preserve a challenge to the jury panel for appellate review, the defendant should make a written motion before trial, stating with particularity the grounds for the challenge. State v. Lindsey, 630 S.W.2d 191 (Mo. App. S.D. 1982). The motion must conform to Rule 24.04.

Section 494.465, RSMo 2000, establishes the “exclusive means” to challenge a jury for failure to comply with §§ 494.400–494.505, RSMo 2000 and Supp. 2004, and directs that a motion be filed at any time (including during trial) before the jury is sworn or within 14 days after the movant discovers or could have discovered (in the exercise of reasonable diligence) the grounds, whichever is later. The failure to make a timely and proper objection to the selection process constitutes a waiver. State v. Sumowski, 794 S.W.2d 643 (Mo. banc 1990). But § 494.465 may not apply to a jury...