 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. House11/20/1997
ember 1994, but a Taos County jury again deadlocked 9 to 3 in favor of conviction. Judge Blackhurst declared a mistrial and shortly thereafter he also recused from the case. The case was then reassigned to District Judge James F. Blackmer.
{6} After the case was reassigned to Judge Blackmer, the State again moved for a change of venue. Following a hearing on the matter, and over Defendant's objection, Judge Blackmer decided to grant the State's motion to change venue from Taos County. Judge Blackmer held another hearing to consider alternative counties to which venue could be changed. Again over Defendant's objection, Judge Blackmer decided to change venue to Doa Ana County. Following Defendant's third trial in May 1995, the Doa Ana County jury convicted Defendant on all counts. Judge Blackmer ultimately sentenced Defendant to a total of twenty-five years, with three years of the sentence suspended, and Defendant appealed.
II. CHANGE OF VENUE
{7} The district court's change of venue order noted that the court had the discretion to order a second change of venue under NMSA 1978, Section 38-3-6 (1953). The district court also noted that it was changing venue pursuant to NMSA 1978, Section 38-3- 3(A)(2)(c) (1965), because an impartial jury could not be selected in Taos County due to public excitement and local prejudice. We agree with the district court that a second change of venue is discretionary. However, the court's discretion should be guided by its obligation to ensure that the parties receive a fair trial from an unbiased, impartial jury. See generally State v. Woods, 115 S.E. 470 (W. Va. 1922); 21 Am. Jur. 2d 375 (1981). We also note that the fact that venue has already been changed once can weigh against a second change of venue. See People v. Gallego, 802 P.2d 169, 193 (Cal. 1990) (en banc) (recognizing that when considering request for second change of venue the reputations and standing of the victims and defendant in the local community are less likely to prevent a fair trial); see also People v. Cooper, 809 P.2d 865, 883 (Cal. 1991) (en banc) (applying Gallego).
{8} Defendant raises a number of questions concerning the district court's decision to change venue from Taos County. His primary focus on appeal is the district court's decision to change venue without first trying to select a third jury from Taos County through the use of voir dire. In response, the State maintains that the district court is not required to attempt jury selection before deciding to change venue. The State further asserts that under the circumstances of this case the district court did not abuse its discretion by changing venue from Taos County.
{9} The district court's extensive and thoughtful explanation reveals a number of reasons why the court believed that a change of venue from Taos County was necessary. Permeating the district court's entire decision was a concern about the effect of the extensive pretrial publicity in this case. Because of the amount of pretrial publicity, the district court also appeared concerned about the impact of that publicity in Taos County, which Judge Blackmer characterized as a small, close-knit community. In addition, the court expressed reservations about the effect of comments in the press made by the prosecutors, defense counsel, Defendant, and Defendant's family. Also listed as a basis for the district court's ruling was a concern about comments made by a former Taos state senator, and a current Taos state senator, that were critical of the prosecution. The district court's decision to change venue was also affected by the belief that there was undisclosed bias among jurors in the second trial. And finally, the court worried about
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|