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State v. House2/24/1999
e inferences indulged in support of the verdict, all evidence and inferences to the contrary disregarded, and the evidence viewed in the aspect most favorable to the verdict. Nor does the fact that there may have been contrary evidence which would have supported a different verdict permit us to weigh the evidence."
Tapia v. Panhandle Steel Erectors Co., 78 N.M. 86, 89, 428 P.2d 625, 628 (1967) (citations omitted). Thus, in this case we evaluate, on the basis of substantial evidence, whether the trial court reasonably concluded that neither the State nor House could receive a fair trial in Taos County and that both parties could receive a fair trial in Doña Ana County.
{33} We must be mindful that it is the role of the trial court, and not the appellate court, to weigh the evidence and determine the credibility of witnesses. See McCauley v. Ray, 80 N.M. 171, 176, 453 P.2d 192, 197 (1968). We will not substitute our own judgment for a determination of the trial court that is supported by substantial evidence in the record. See State v. Griffin, 117 N.M. 745, 750, 877 P.2d 551, 556 (1994) (quoting State v. Taylor, 371 P.2d 617, 621 (Wash. 1962)).
{34} Another important factor that would prove abuse of discretion in a venue determination is a showing by the complainant that he or she has been prejudiced by the trial court's decision. Substantial evidence that a trial in a particular venue was not fair and impartial would require reversal on appeal. See State v. Griffin, 116 N.M. 689, 698, 866 P.2d 1156, 1165 (1993) ("Because [the defendant] has failed to show or even allege specifically that he was prejudiced by the court's actions, we find no abuse of discretion.").
B. House's Proposed Standards of Review
1. De novo
{35} In contravention of these principles of review, House argues that decisions under our venue statutes are mixed question of law and fact and that we should review under a de novo analysis rather than an abuse-of-discretion analysis. See State v. Attaway, 117 N.M. 141, 145- 46, 870 P.2d 103, 107-08 (1994). In other words, he asks us not to defer to the trial court's appraisal of the evidence, but rather to look anew at all the evidence and arguments in the record and apply our own judgment in weighing the facts and assessing their legal significance. See McNair v. Lend Lease Trucks, Inc., 62 F.3d 651, 654 (4th Cir. 1995) (evidentiary assessment); Slaughter v. Martin, 63 So. 689, 690 (Ala. Ct. App. 1913) (judgment). Most certainly, we address no question that is purely factual or purely legal; all questions are, to varying degrees, a combination of the two. However, in the case of a venue determination, the question is primarily one of fact. While the legal concept of a fair and impartial trial is a standard against which we measure the trial court's decision, it is a standard that makes sense only with reference to the specific facts concerning the fairness and impartiality of a particular venue. Whether or not a fair impartial trial is possible in a particular venue is established by substantial evidence-a factual standard-and this evidence forms the basis upon which we affirm or reverse a trial court's exercise of discretion in setting venue. See Ammerman v. Hubbard Broad., Inc., 89 N.M. 307, 313, 551 P.2d 1354, 1360 (1976) ("Our review of the evidence is only for the purpose of determining whether there was substantial evidence to support the trier of the facts.").
2. Heightened scrutiny
{36} Because the choice of venue is founded on the constitutional guarantee of a fair and impartial trial, House also argues that we should apply a heightened standard of proof in assess
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