Does the pretrial news coverage of the death penalty matter affect a judge's decision on a motion for a change of venue?
California, United States of America
The following excerpt is from Miller, In re, 109 Cal.Rptr. 648, 33 Cal.App.3d 1005 (Cal. App. 1973):
2 While we do not reach the question, we are not convinced that the pretrial news coverage was not considered by the trial judge. The judge displayed a thorough knowledge of the principles upon which he was to be guided in ruling on defendant's motion for a change of venue. It stands to reason that his statement that his ruling was based on his 'own evaluation of the nature, frequency and timing of the matter involved in this case' must have included some of the news coverage. It would be strange indeed to hold, categorically, that in making our own independent evaluation as to whether a change of venue should have been granted in a particular case, we are precluded from considering material the trial court obviously must have considered. (See Evid.Code 459; People v. Tossetti, 107 Cal.App. 7, 12, 289 P. 881.)
3 In arguing against the death penalty, the public defender said:
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