Can a defense counsel renew their motion to change the venue after voir dire?

California, United States of America


The following excerpt is from Odle v. Superior Court, 187 Cal.Rptr. 455, 32 Cal.3d 932, 654 P.2d 225 (Cal. 1982):

[32 Cal.3d 956] Moreover, as this court noted in Maine, "Experience shows ... that trial courts are often reluctant to order a venue change after a jury has been empaneled." (Maine, supra, 68 Cal.2d at p. 380, 438 P.2d 372.) Maine authorizes defense counsel to renew their motions after voir dire--but only as a complement to a thorough consideration of the merits of the motions before jury selection begins. Here, the majority implies that post-voir dire consideration of change of venue motions can replace serious review of such motions before voir dire. Such a procedure was specifically rejected by Maine. (Id., at pp. 380-381, 438 P.2d 372; Clifton v. Superior Court (1970) 7 Cal.App.3d 245, 252, 86 Cal.Rptr. 612.)

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
What is the effect of voir dire on a motion for change of venue? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.