California, United States of America
The following excerpt is from People v. Famalaro, 127 Cal.Rptr.3d 40, 253 P.3d 1185, 52 Cal.4th 1 (Cal. 2011):
When pretrial publicity is at issue, primary reliance on the judgment of the trial court makes [especially] good sense because the judge sits in the locale where the publicity is said to have had its effect and may base [the] evaluation on [the judge's] own perception of the depth and extent of news stories that might influence a juror. ( Skilling v. United States, supra, U.S. at p. , 130 S.Ct. at p. 2918.) Here, we agree with the trial court's conclusion that defendant did not show a reasonable likelihood that he could not receive a fair and impartial trial in Orange County. The trial court's denial of [127 Cal.Rptr.3d 62] defendant's pretrial motion for a change of venue was therefore proper.
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