Legal Question in Criminal Law in Texas

how to get a change of venue

My cousin, who is 16, is going on trial for murder Sept. 22. The judge who is a close friend of the victims family and has had a deer lease with them for over 30 yrs refuses to allow a change in venue. Is there anything we can do to get him a fair trial. This is a very high profile case in a very small town.


Asked on 8/29/08, 9:21 am

1 Answer from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: how to get a change of venue

If the defense lawyer handling the case has already filed a motion for a change of venue, and that motion has been denied, there is no additional vehicle through which to request a change of venue. Assuming the defense attorney jumped through the appropriate procedural "hoops" for filing the motion and getting it ruled upon, and also created a good record of the judge's bias in favor of the victim, then the issue is well preserved for appeal. If your cousin is convicted, then the change of venue issue can possibility be raised and ruled upon by the appellate court. Thanks for your question.

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Answered on 8/29/08, 10:42 am


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