Washington Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal pleading filed in the Washington state court system. This motion requests that the presiding judge recuse themselves from the case and that the trial be moved to a different location, due to concerns regarding a co-defendant's prior criminal convictions. Refusal refers to a judge voluntarily stepping down from a case, usually when there is a potential bias or conflict of interest that could prejudice the defendant's right to a fair trial. In this situation, the motion argues that the judge should recuse themselves because of the co-defendant's previous criminal history, which may create a prejudiced view or bias against the current case. The motion also seeks a change of venue, requesting that the trial be moved to a different location within the same jurisdiction or to a different jurisdiction altogether. This is done to ensure that the trial can be conducted impartially and without any preconceived notions or prejudices based on the co-defendant's prior convictions, which may have received significant media attention or influenced public opinion. Keywords: Washington, Motion for Refusal, Change of Venue, Co-Defendant's Prior Criminal Convictions, legal pleading, judge, bias, conflict of interest, fair trial, criminal history, prejudiced view, change of location, different jurisdiction, impartial trial, media attention, public opinion. Different types or variations of the Washington Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions may include: 1. Motion for Partial Refusal: This motion specifically asks for only a partial refusal of the judge, meaning that the judge would be allowed to preside over some aspects of the case but not others. This could be requested when the co-defendant's prior convictions are only relevant to certain parts of the trial or if the judge has a personal or professional relationship with the co-defendant that could affect the defendant's right to a fair trial. 2. Motion for Complete Refusal: In this motion, the defense requests that the presiding judge entirely recuse themselves from the case due to concerns of bias or conflict of interest. This would typically be requested if the co-defendant's prior criminal convictions have a direct impact on the entire trial or if the judge has a personal or professional connection to the co-defendant that would prevent them from making impartial rulings. 3. Motion for Change of Venue within the Same Jurisdiction: This motion asks for the trial to be moved to a different location within the same jurisdiction to ensure impartiality. It may be filed if there is significant media coverage or public sentiment related to the co-defendant's prior convictions, making it challenging to find an unbiased jury or conduct a fair trial in the current location. 4. Motion for Change of Venue to a Different Jurisdiction: When concerns of prejudice or bias are so significant that moving the trial within the current jurisdiction may not be sufficient, the defense may request a change of venue to a different jurisdiction altogether. This motion argues that a fair trial cannot be guaranteed in the current jurisdiction due to the impact of the co-defendant's prior criminal convictions and seeks to move the trial to a location where the likelihood of prejudice is significantly reduced. These different types of motions allow the defense to tailor their arguments according to the specific circumstances of the case and the potential impact of the co-defendant's prior criminal convictions on their client's right to a fair trial.
Washington Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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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.
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.
Choice of Law in the Transferee Court Following a transfer of venue, the transferee court must decide whether it will apply the law of the state or circuit in which it sits, or that of the transferor court's state or circuit.
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 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.
Change of venue. noun. law the removal of a trial out of one jurisdiction into another.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
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.