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
The following excerpt is from Powell v. Superior Court, 232 Cal.App.3d 785, 283 Cal.Rptr. 777 (Cal. App. 1991):
On a pretrial petition the appellate court must make an independent determination of the circumstances surrounding a defendant's request for change of venue to determine whether a fair trial is obtainable in the county of original venue. (Odle v. Superior Court (1982) 32 Cal.3d 932, 937, 187 Cal.Rptr. 455, 654 P.2d 225.)
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