In what circumstances will a court grant a motion for a change of venue?

California, United States of America


The following excerpt is from People v. Miller, 245 Cal.App.2d 112, 53 Cal.Rptr. 720 (Cal. App. 1966):

In People v. Modesto, 62 Cal.2d 436, 42 Cal.Rptr. 417, 398 P.2d 753, the court, in upholding the trial court's refusal to grant a motion for change of venue or ordering a change of venue on its own motion, considered important the fact that [245 Cal.App.2d 159] there appeared no difficulty in securing jurors who were not aware of the earlier publicity and the facts that defendant did not exhaust his peremptory challenges nor renew his motion which had been denied without prejudice. The court held that from all the circumstances the trial court could reasonably conclude that the defendant could secure a fair trial in the county.

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