Ohio Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

State:
Multi-State
Control #:
US-MOT-01426
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
  • Preview Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?

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FAQ

Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions; and (2) modify the procedures provided by these rules for other methods of ...

To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...

If the court enters a judgment of acquittal after a guilty verdict, the court must also conditionally determine whether any motion for a new trial should be granted if the judgment of acquittal is later vacated or reversed. The court must specify the reasons for that determination.

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

Ohio's change-of-venue rule provides that when an action has been commenced in a county other than one listed as proper in Civil Rule 3(B), the court must, on a party's timely motion raising that defense, transfer the action to a county listed as a proper venue under the Rule.

The court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense or offenses.

(1) Applicability. This Rule 29(a) governs amicus filings during a court's initial consideration of a case on the merits. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court.

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Ohio Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions