Simms v. The State

Summary

The Supreme Court of Georgia vacated the denial of Michael Eric Simms’s motion for a new trial and remanded for application of the proper standard concerning implied waiver of a claim that an ineligible, non-U.S.-citizen juror served on the jury. The court held that failure to object alone does not establish waiver; the trial court must determine whether Simms or his counsel knew, or through ordinary diligence could have learned, of the juror’s ineligibility.

Holdings

1. Failure to object to an ineligible juror does not by itself establish waiver. Implied waiver requires that the party knew of the juror's ineligibility, or could have discovered it through the timely exercise of ordinary diligence, and nevertheless remained silent.
2. The judgment denying the motion for new trial must be vacated and the case remanded for the trial court to determine whether Simms or his counsel knew that F.S. was not a United States citizen or could have learned that fact through ordinary diligence; if the claim was preserved, the trial court must address the claim on the merits.

Questions Presented

1. Whether the trial court properly found that Simms waived his challenge to the participation of a noncitizen juror merely because he did not object at trial.
2. Whether the judgment denying Simms's motion for new trial should be vacated and remanded because the trial court failed to determine whether Simms or his counsel knew, or could have discovered through ordinary diligence, the juror's ineligibility.

Disposition

vacated