North Carolina Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
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.
A judge may recuse himself when a party applies to him to do so. A judge must step down in circumstances where there appears to be bias or 'apparent bias'. Judicial recusal is not then a matter of discretion.
If the location where your trial is to be held could possibly jeopardize this right, your attorney may file a Motion for Change of Venue. If granted, the case will be tried in a different location where you are more likely to receive fair treatment.
Motion to disqualify a judge must be submitted in writing, must have supporting affidavits, and must be filed at least five days before the trial unless there is good cause for delay. The failure to follow those rules can be the basis for denying the motion. State v. Poole, 305 N.C. 308, 321 (1982).
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.
The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.
To win a venue change, defense attorneys must prove that their clients cannot get justice in the county where the crime occurred. And they commonly argue that media attention or community bias preclude a fair trial.