State v. House2/24/1999
me it was broadcast nationwide on Court TV. The Doña Ana jury, on May 26, 1995, convicted House on all the charges that the Taos juries had been unable to resolve in the two preceding trials. They found him guilty of four counts of Homicide by Vehicle (Driving While Intoxicated), four counts of Homicide by Vehicle (Reckless Driving), one count of Great Bodily Injury by Vehicle (Driving While Intoxicated or in the alternative Reckless Driving), and Reckless Driving. On July 24, 1995, before television cameras, Judge Blackmer sentenced House to 22 years in prison.
{22} House filed an appeal of his convictions to the New Mexico Court of Appeals. House was denied bail pending appeal. He brought this matter before the Court of Appeals which reversed his denial of bail. See State v. House, 1996-NMCA-052, 42, 121 N.M. 784, 918 P.2d 370, cert denied, No. 23,647 (1996). On November 20, 1997, the Court of Appeals reversed House's convictions for vehicular homicide and held that there was no justification for a transfer of venue to Doña Ana County without first trying to select a jury in Taos County. See State v. House, 1998-NMCA-018, 13-53, 124 N.M. 564, 953 P.2d 737 [hereinafter House Majority]. Judge Armijo filed a Dissent. See State v. House, 1998-NMCA-018, 72-118 (Armijo, J., Dissenting) [hereinafter House Dissent].
{23} Both parties petitioned this Court for certiorari, and on January 14, 1998, we denied House's petition, State v. House, No. 24,873 (1998), and granted the State's petition on the issue of venue, State v. House, No. 24,861 (1998). We held oral arguments on March 31, 1998.
{24} To resolve the conflicting issues raised by the arguments of the parties, the trial court's Venue Order, and the opinions of the majority and Dissent in the Court of Appeals opinion below, we must address both sides of the venue question argued in this case: the unsuitability of Taos County and the suitability of Doña Ana County as venues for House's trial.
{25} As mentioned above, these same issues were brought before us when, before the third trial, House filed a writ of Superintending Control to this Court on April 21, 1995, asking us to reverse the venue change. See House v. Blackmer, No. 22,864 (N.M. Apr. 26, 1995). We denied the petition five days after it was filed. Our denial of House's petition for a writ of superintending control does not preclude appellate review of the trial court's action and does not necessarily reflect upon the merits of House's contentions for purposes of this appeal. See Rule 12- 504(C)(1) NMRA 1998 (providing that the Court may deny a petition without hearing if it "is without merit, concerns a matter more properly reviewable by appeal, or seeks relief prematurely"); State v. Ware, 115 N.M. 339, 343, 850 P.2d 1042, 1046 (Ct. App. 1993) ("The denial of a writ of prohibition does not necessarily mean that the Supreme Court reached the merits of the issue argued in support of the writ, especially where there exists an adequate remedy at law."). We nevertheless conclude in this appeal that the trial court did not abuse its discretion in changing venue from Taos County to Doña Ana County. We reverse the Court of Appeals and affirm the trial court.
II. RELEVANT CONSTITUTIONAL AND STATUTORY PROVISIONS
{26} All decisions regarding the venue of a criminal trial are guided by the constitutional guarantee of a fair and impartial trial. See N.M. Const. art. II, § 14 (as amended 1980) (guaranteeing "an impartial jury"); N.M. Const. art. II, § 18 (as amended 1972) (due process and equal protection). To that end, our constitution states that the accused is entitled to a trial before "an impartial jury of the co
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