Arkansas Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par. Rule 21. Transfer for Trial | Federal Rules of Criminal Procedure cornell.edu ? rules ? frcrmp ? rule_21 cornell.edu ? rules ? frcrmp ? rule_21
The state or defendant may request a change of venue from the county for cause. The motion must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The affidavit must set forth facts supporting the constitutional or statutory basis for the change.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
Motion for Change of Venue ? may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant's right to an impartial jury. Pre-Trial Motions | United States Department of Justice justice.gov ? usao ? justice-101 ? pretrial-m... justice.gov ? usao ? justice-101 ? pretrial-m...
Change of venue. noun. law the removal of a trial out of one jurisdiction into another.
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice. Change of Venue in a Criminal Case - Nolo nolo.com ? legal-encyclopedia ? change-ve... nolo.com ? legal-encyclopedia ? change-ve...
An application for a change of judge or change of venue from the county shall be filed within ten (10) days after a plea of not guilty, or if a date less than ten (10) days from the date of said plea, the case is set for trial, the application shall be filed within five (5) days after setting the case for trial.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed. Change of Venue in California ca.gov ? documents ? chgofven ca.gov ? documents ? chgofven