 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. House11/20/1997
the effect that two hung juries would have on a third jury from Taos County.
{10} At the outset, we note Defendant's contention that this Court should use a heightened standard of review to examine the district court's change of venue decision. Defendant cites a number of out-of-state authorities and commentaries to support the use of a more rigorous standard of review on appeal. However, a long line of cases in New Mexico establish that the district court's decision on a motion for change of venue is reviewed for an abuse of discretion. See, e.g., ; ; ; see also (in determining whether substantial evidence supports a venue decision, the appellate court considers the effects of media coverage, crowds, and witnesses' testimony concerning undue influence on the judicial process). Although there may be authority for a more demanding standard of review in other jurisdictions, this Court is bound by our Supreme Court's numerous decisions that apply an abuse of discretion standard. See (Supreme Court precedent controls).
{11} Defendant suggests that the trend in New Mexico is toward a heightened, de novo review when substantial rights of constitutional dimension are involved in criminal cases. See, e.g., ; ; ; ); . However, none of the cases cited by Defendant involve situations where this Court or our Supreme Court considered reexamining the abuse of discretion standard. Moreover, we are not persuaded that the circumstances of this case warrant a departure from New Mexico's long-standing reliance on the abuse of discretion standard to resolve venue issues on appeal.
{12} We decline Defendant's invitation to impose a heightened level of scrutiny, and we remain committed to applying New Mexico's well-settled abuse of discretion standard in this case. In doing so, we cannot simply substitute our judgment for that of the district court, but we must ensure that the district court correctly applied the legal standard for changing venue. Similarly, we may not reweigh the evidence on appeal, but we must carefully review the record to determine whether there is substantial evidence to support the district court's decision. With that framework in mind, we proceed to consider whether the district court abused its discretion when it changed venue from Taos County.
{13} Both sides agree that the extensive pretrial publicity in this case played a key role in the district court's decision to change venue. Indeed, our change of venue statute recognizes that pretrial publicity may warrant a change of venue. See Section 38-3-3(A)(2)(c). However, our change of venue statute also makes it clear that pretrial publicity will only warrant a change of venue when public excitement and local prejudice have risen to the level that an impartial jury cannot be selected in the county to try the case. Id. Similarly, New Mexico case law demonstrates that pretrial publicity alone will not warrant a change of venue. "Exposure of venire members to publicity about a case by itself does not establish prejudice or create a presumption of prejudice." ; see also .
{14} Defendant maintains that the only way the district court could determine whether an impartial jury could be selected in Taos County was to actually attempt to select a jury with the benefit of voir dire. The State suggests that voir dire is not required before the district court may decide to change venue. Also, the State maintains that, under the circumstances of this case, the district court did not abuse its discretion in concluding that a fair and impartial jury could not be selected from Taos County.
{15} Defendant correctly points out that pretrial publicity rarely raises a presumption of prejudice. See, e.g., ; .
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.
|
|