by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a change of venue is granted, the clerk of the court in which the case is pending shall make and retain copies of all documents relating to the case. He shall deliver the original documents together with certified copies of all minute entries of the case to the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
In a case involving a capital offense, upon motion to transfer a jury or on its own motion, if the court determines it is in the interest of justice, the court may, as an alternative to transferring the case to another parish after a change of venue is granted, select...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a change of venue is granted, the court shall transfer the case to another parish.La. Cr.P. ยง 623
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A change of venue shall be granted when the applicant proves that by reason of prejudice existing in the public mind or because of undue influence, or that for any other reason, a fair and impartial trial cannot be obtained in the parish where the prosecution is...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A motion for a change of venue may be filed by either the state or the defendant. It shall be filed in accordance with Article 521; or thereafter, in the discretion of the court, any time before the first witness is sworn at the trial of the merits. The motion shall...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Improper venue shall be raised in advance of trial by motion to quash, and shall be tried by the judge alone. Venue shall not be considered an essential element to be proven by the state at trial, rather it shall be a jurisdictional matter to be proven by the state by...
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