Preliminary Provisions

ORS 131.355
Change of venue for prejudice

The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]

Notes of Decisions

Where there was no evidence, nor any suggestion, that trial was media circus such as would have prevented fair trial, denial of motion to change venue based on argument of prejudicial pretrial publicity was not abuse of trial court’s discretion. State v. Rogers, 313 Or 356, 836 P2d 1308 (1992)

Where four jurors recalled reading newspaper articles about defendant but did not recall much detail from articles and jurors stated they could decide case based on evidence at trial and defendant passed each juror for cause and did not exhaust peremptory challenges, defendant obtained fair and impartial trial. State v. Langley, 314 Or 247, 839 P2d 692 (1992), on reconsideration 318 Or 28, 861 P2d 1012 (1993)


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May 26, 2023