Verifying that a juror is who they say they are generally isn't voir dire territory to my understanding, and the footnote you pulled the 8.01-353 cite from essentially stated as such:There's not going to be a mistrial based on this supposed fake juror...
They buried their reference to the Virginia code on this in a footnote, which is predictably why the media will miss it, but they refer to Va. code § 8.01-353, and literally quote thus:
They go on to say:
It's literal nonsense like most other points they make. If there's an error or as they allege someone faking their identity, then it was their responsibility to catch it. And if they don't, well, too bad, it's not grounds for setting the verdict aside.
Mr. Depp would be incorrect in contending Ms. Heard somehow waived this argument by not raising it during voir dire. Not only were the voir dire questions ruled on in advance and the parties limited to those questions during voir dire, but the responsibility to ensure that the potential jurors participating in voir dire are the ones listed on the jury panel rests with those individuals and the Court. See Va. Code§ 8.01-353. Due process entitles litigants such as Ms. Heard to rely on the basic assurance that potential jurors are who they say they are and are the actual individuals the Court summoned.
8.01-353 (particularly Section A) seems to make pretty clear the process for how the court notifies the jury pool to appear and how the list of the jury panel would be disseminated amongst the parties:
A. The sheriff shall notify the jurors on the list, or such number of them as the judge may direct to appear in court on such day as the court may direct. Such notice shall be given a juror as provided by § 8.01-298. Verbal direction given by the judge, or at his direction, to a juror who has been given notice as hereinbefore provided that he appear at a later specified date, shall be a sufficient notice. Any notice given as provided herein shall have the effect of an order of court. No particular time in advance of the required appearance date shall be necessary for verbal notice hereunder, but the court may, in its discretion, excuse from service a juror who claims lack of sufficient notice. Upon request, the clerk or sheriff or other officer responsible for notifying jurors to appear in court for the trial of a case shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least three full business days before the trial. Such copy of the jury panel shall show the name, age, address, occupation and employer of each person on the panel. Any error in the information shown on such copy of the jury panel shall not be grounds for a mistrial or assignable as error on appeal, and the parties in the case shall be responsible for verifying the accuracy of such information.
So the statute would seem to cover the parties verifying that the information provided about the selected jurors is accurate. I wouldn't think someone straight up impersonating one of the selected jurors and taking their place on the panel would count as an "error shown in the information shown" in the jury panel list.
Also, one of the other statutes cited, 8.01-353.1, goes over how a juror would verify their identity to the court prior to jury selection:
At the time of assembly for the purpose of juror selection, the identity of each member of the jury venire shall be verified as provided in this section. Prior to being selected from the jury venire, a potential juror shall verify his identity by presenting to the person taking jury attendance any of the following forms of identification: his Commonwealth of Virginia voter registration card; his social security card; his valid Virginia driver's license or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States; or any valid employee identification card containing a photograph of the juror and issued by an employer of the juror in the ordinary course of the employer's business. If the juror is unable to present one of these forms of identification, he shall sign a statement affirming, under penalty of perjury, that he is the named juror.
If the information Amber's team alleged in that filing is true then I have a really hard time seeing how this could have happened without the courthouse staff being totally asleep at the wheel or the impersonator making a fake ID or something. Either way it's absolutely grounds to ask for a mistrial because someone going to these crazy lengths to end up in jury duty on this case damages the presumption of a fair and unbiased jury.