Table of Contents

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
5. Supporting Evidence
6. Statutory and Constitutional Authority
7. Factors for the Court to Consider
8. Proposed Alternative Venue
9. List of Affidavits and Exhibits
10. Proposed Order
11. Certificate of Service
12. Arkansas Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

STATE OF ARKANSAS,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully petitions this Honorable Court pursuant to Ark. Code Ann. § 16-88-201 and the Arkansas Constitution, Article 2, Section 10, for an Order changing the venue of this criminal matter from [________________________________] County to another county where a fair and impartial trial may be obtained.

In support of this Petition, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by [INDICTMENT/INFORMATION] filed on or about [DATE].

2. The alleged offense(s) occurred on or about [DATE OF ALLEGED OFFENSE] in [________________________________] County, Arkansas.

3. Since the filing of charges, the following circumstances have made it impossible for the Defendant to receive a fair and impartial trial in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Community Prejudice and Pretrial Publicity

4. Extensive and pervasive media coverage has saturated [________________________________] County, rendering a fair trial impossible:

 a. [MEDIA OUTLET 1] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 b. [MEDIA OUTLET 2] published/broadcast [NUMBER] stories between [START DATE] and [END DATE].

 c. The media coverage has included [DESCRIBE PREJUDICIAL CONTENT].

5. The prejudicial publicity has included information that would be inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Undue Influence or Prejudice Against the Defendant

6. The inhabitants of [________________________________] County harbor undue prejudice against the Defendant, as demonstrated by:

 a. [________________________________]

 b. [________________________________]

 c. [________________________________]

C. Safety Concerns

7. [IF APPLICABLE: The Defendant's safety is at risk if the trial is conducted in [________________________________] County:]

 a. [________________________________]

 b. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

8. Social media and public statements demonstrate pervasive community prejudice:

 a. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 b. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

 c. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION]

Polling Data (If Applicable)

9. [IF APPLICABLE: A community survey conducted by [FIRM] on [DATE] demonstrates that [PERCENTAGE]% of county residents have formed an opinion about Defendant's guilt.]

Statutory and Constitutional Authority

A. Arkansas Statutory Authority

10. Ark. Code Ann. § 16-88-201 provides that the court or judge shall order a change of venue upon a showing of prejudice preventing a fair and impartial trial.

11. Ark. Code Ann. § 16-88-203 limits each criminal case to one change of venue.

12. Ark. Code Ann. § 16-88-202 provides that when co-defendants are involved, removal may apply to some defendants while others are tried in the original county.

B. Arkansas Constitutional Authority

13. Arkansas Constitution, Article 2, Section 10 provides that prosecutions shall be in the county where the crime was committed, but this right must be balanced against the right to a fair trial.

C. Federal Constitutional Authority

14. The Sixth Amendment guarantees the right to an impartial jury.

15. The Fourteenth Amendment guarantees due process, including the right to a fair trial. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

D. Arkansas Case Law

16. In Thomas v. State, 370 Ark. 70 (2007), the Arkansas Supreme Court addressed venue change standards in the context of pretrial publicity.

17. In Meyer v. State, 218 Ark. 440 (1951), the Court articulated the abuse of discretion standard for venue change rulings.

Factors for the Court to Consider

18. The Court should consider the following:

☐ The nature, extent, and timing of pretrial publicity

☐ The size of the community relative to the media coverage

☐ Whether the publicity is factual or inflammatory

☐ Whether the publicity includes information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ Whether a sufficient number of impartial jurors can be seated

☐ The time between the publicity and trial

☐ Whether alternative remedies (extended voir dire, continuance) are adequate

☐ The credibility of the supporting affidavits

Proposed Alternative Venue

19. The Defendant respectfully proposes that this matter be transferred to [________________________________] County, Arkansas, because:

 a. That county has not been subject to the same level of media saturation.

 b. Adequate court facilities are available.

 c. The transfer serves the interests of justice.

 d. [________________________________]

List of Affidavits and Exhibits

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

STATE OF ARKANSAS v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

Upon consideration of the Defendant's Petition for Change of Venue, supporting affidavits, exhibits, and arguments of counsel, and the Court being sufficiently advised:

IT IS ORDERED that the Defendant's Petition for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that this matter is transferred from [________________________________] County to [________________________________] County, Arkansas, for trial.

IT IS FURTHER ORDERED that the Clerk shall transmit all records, documents, and recognizances to the Circuit Clerk of [________________________________] County.

DONE AND ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Circuit Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Petition for Change of Venue, together with all supporting affidavits and exhibits, was served upon:

[PROSECUTING ATTORNEY NAME]
Prosecuting Attorney, [________________________________] Judicial District
[ADDRESS LINE 1]
[CITY], Arkansas [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ Electronic filing ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[ARKANSAS BAR NO.]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Arkansas [ZIP CODE]
[PHONE]
[EMAIL]

Arkansas Practice Notes

Standard of Review: Abuse of discretion. The appellate court will not reverse a trial court's venue ruling absent a clear abuse of discretion. Meyer v. State, 218 Ark. 440 (1951).

Interlocutory Appeal: Denial of a motion for change of venue is generally not subject to interlocutory appeal. The issue must be preserved and raised on direct appeal.

One Change Limit: Only one change of venue per criminal case is permitted under Ark. Code Ann. § 16-88-203.

Affidavit Requirement: The petition must be supported by affidavits of two credible persons who are qualified electors, actual residents of the county, and not related to the defendant.

Co-Defendants: If removal applies to only some co-defendants, the others are tried in the original county (Ark. Code Ann. § 16-88-202).

Notice: Reasonable notice must be provided to the prosecuting attorney before the hearing.

Recognizance/Transport: When a case is removed, transport and recognizance provisions apply under Ark. Code Ann. §§ 16-88-205 and 16-88-206.