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

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US-MOT-01426
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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

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

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FAQ

The motion: (1) must be verified; (2) must assert one or more of the grounds listed in Rule 18b; (3) must not be based solely on the judge's ruling in the case; and (4) must state with detail and particularity facts that: (A) are within the affiant's personal knowledge, except that facts may be stated on information ...

When a Motion for Change of Venue is filed in a criminal case, it means either the prosecution or the defense is asking the judge to move the upcoming trial to a different place.

192.7 Definitions. As used in these rules: (a) Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.

The 1995 double murder criminal trial of O.J. Simpson for the 1994 murders of Nicole Brown Simpson and Ronald Goldman, in which the court granted a change of venue, and ordered the case to be moved from Santa Monica to downtown Los Angeles.

A motion to transfer venue based on the written consent of the parties shall be determined in ance with Rule 255. A motion to transfer venue on the basis that an impartial trial cannot be had in the courts where the action is pending shall be determined in ance with Rules 258 and 259.

A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county for reasons such as: Pretrial publicity: Media coverage of criminal trials has the power to impact a defendant's Sixth Amendment right to an impartial jury.

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.

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.

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