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STATE v. SARDESON

No. 26220.

174 S.W.3d 598 (2005)

STATE of Missouri, Plaintiff-Respondent, v. Justin D. SARDESON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied September 8, 2005.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Asst. Atty. General, Jefferson City, for respondent.

NANCY STEFFEN RAHMEYER, Judge.

A circuit clerk in charge of seating a venire pool from a master list of prospective jurors inadvertently1 created a jury list by ordering the computer to seat the jurors according to their birthdates. The first members of the venire were the oldest and the last were the youngest; therefore, the seating was not random but according to age. The question before this Court is whether that jury selection process...

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