When will a change of venue be appropriate to prevent a defendant from standing trial before an impartial jury?
MultiRegion, United States of America
The following excerpt is from Murray v. Schriro, 882 F.3d 778 (9th Cir. 2014):
The Sixth Amendment guarantees a defendant's right to trial before an impartial jury. See Skilling v. United States , 561 U.S. 358, 130 S.Ct. 2896, 291213, 177 L.Ed.2d 619 (2010). When an impartial jury cannot be empaneled due to pretrial publicity, a change of venue at the request of the defendant is appropriate to prevent violation of the defendant's due process right to a fair trial. See id . at 2913.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a change of venue need to be considered to prevent a defendant from being prejudiced in their trial? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for a defendant's right to stand trial by jury? ("New York", United States of America)
What is the cumulative impact of inappropriate comments to the jury in the presence of the jury during a jury trial? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
What is the test for finding that a trial judge has abused his position by failing to properly supervise a jury in a jury trial? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
Can a criminal defendant change trial counsel during the course of the trial? (MultiRegion, United States of America)
Can a court of appeals overturn a finding that a jury found that the jury was wrong in the trial of a defendant in a civil case? (MultiRegion, United States of America)
Can a defendant change the venue of his trial? (MultiRegion, United States of America)
