What is the proper scope of review for a motion to change venue?

California, United States of America

The following excerpt is from People v. Superior Court In and For Lassen County, 151 Cal.Rptr. 586, 88 Cal.App.3d 142 (Cal. App. 1979):

I first turn to the proper scope of review. It is understandable that the majority believes independent review is appropriate here, since it is established that when a defendant seeks extraordinary relief from denial of a motion to change venue such review is required. (Maine v. Superior Court (1968) 68 Cal.2d 375, 66 Cal.Rptr. 724, 438 P.2d 372.) However, I believe that careful analysis of the evolution of the doctrine dictates a different result.

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