Motion for Change of Venue

TABLE OF CONTENTS

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
   - A. Pretrial Publicity
   - B. Community Prejudice
   - C. Convenience of Parties and Witnesses
   - D. Safety Concerns
5. Constitutional Basis
6. Statutory Authority
7. Factors for Court Consideration
8. Proposed Alternative Venue
9. Supporting Affidavits and Evidence
10. Conclusion and Prayer for Relief
11. Proposed Order
12. Certificate of Service

IN THE CIRCUIT COURT OF [________________] COUNTY, WEST VIRGINIA

MOTION FOR CHANGE OF VENUE

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through [his/her/their] attorney, [DEFENSE ATTORNEY NAME], of [LAW FIRM NAME], and respectfully moves this Honorable Court for an Order changing the venue of the above-captioned matter from [________________] County to another county within the State of West Virginia, pursuant to W. Va. Code § 62-3-13 and W. Va. R. Crim. P. 21.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

1. The Defendant is charged with [CHARGES AND STATUTORY CITATIONS] by [Indictment/Information] filed on [__/__/____].

2. The alleged offense(s) occurred on or about [__/__/____] in [________________] County, West Virginia.

3. The case is currently set for trial on [__/__/____] before the Honorable Judge [________________].

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF VENUE

A. Pretrial Publicity

5. The above-captioned matter has received extensive and prejudicial pretrial publicity in [________________] County, including but not limited to:

☐ Television news coverage on [STATION(S)] on the following dates: [________________________________]

☐ Newspaper articles published in [PUBLICATION(S)] on the following dates: [________________________________]

☐ Radio broadcasts on [STATION(S)] on the following dates: [________________________________]

☐ Online media coverage and social media discussion, including: [________________________________]

☐ Other forms of publicity: [________________________________]

6. The nature and extent of such publicity has been [inflammatory/prejudicial/pervasive] and has included .

[________________________________]

7. As a result of such pretrial publicity, a fair and impartial trial cannot be had in [________________] County.

B. Community Prejudice

8. There exists in [________________] County such locally extensive hostile sentiment or prejudice against the Defendant that a fair and impartial trial cannot be obtained, as demonstrated by:

☐ Public statements made by community leaders or officials: [________________________________]

☐ Organized community actions against the Defendant: [________________________________]

☐ Social media campaigns or petitions: [________________________________]

☐ The nature of the alleged victim's standing in the community: [________________________________]

☐ Other demonstrations of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

9. A change of venue would serve the convenience of the parties and witnesses and promote the interests of justice because:

☐ The majority of defense witnesses reside in [________________] County.

☐ Key evidence is located in [________________] County.

☐ Travel to the current venue imposes an undue burden on: [________________________________]

☐ Other convenience factors: [________________________________]

D. Safety Concerns

10. A change of venue is necessary to ensure the safety and security of the Defendant, counsel, witnesses, jurors, and/or court personnel because:

☐ Threats have been made against the Defendant: [________________________________]

☐ Threats have been made against defense counsel or witnesses: [________________________________]

☐ Public demonstrations have occurred at or near the courthouse: [________________________________]

☐ Law enforcement has expressed security concerns: [________________________________]

III. CONSTITUTIONAL BASIS

11. The Sixth Amendment to the United States Constitution guarantees the Defendant the right to a trial "by an impartial jury of the State and district wherein the crime shall have been committed."

12. The Fourteenth Amendment to the United States Constitution guarantees the Defendant the right to due process of law, which includes the right to a fair trial before an impartial jury.

13. Article III, Section 14 of the West Virginia Constitution provides that "[t]rials of crimes, and misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men, public, without unreasonable delay."

14. The United States Supreme Court has recognized that when pretrial publicity or community prejudice is so pervasive as to render a fair trial impossible, a change of venue is constitutionally required. Sheppard v. Maxwell, 384 U.S. 333 (1966); Irvin v. Dowd, 366 U.S. 717 (1961).

IV. STATUTORY AUTHORITY

15. W. Va. Code § 62-3-13 provides that a change of venue may be granted upon a showing of "good cause" that the defendant cannot obtain a fair and impartial trial in the county of indictment.

16. W. Va. R. Crim. P. 21 governs the transfer of criminal cases from the county of indictment for trial.

17. W. Va. R. Crim. P. 22 requires that the motion be made at the earliest practicable moment, typically at or before arraignment.

18. The West Virginia Supreme Court of Appeals has held that "good cause" means proof of locally extensive hostile sentiment or prejudice so great that the defendant cannot obtain a fair and impartial trial. State v. Beegle, 188 W. Va. 681, 425 S.E.2d 823 (1992); State v. Dandy, 151 W. Va. 547, 153 S.E.2d 507 (1967).

19. The ability to later impanel a jury that claims impartiality is not dispositive of whether prejudice existed at the time of the motion. State v. Dandy, 151 W. Va. 547 (1967).

V. FACTORS FOR COURT CONSIDERATION

20. West Virginia courts consider the following factors in evaluating a motion for change of venue:

☐ The nature and extent of pretrial publicity
☐ Whether the publicity is inflammatory or merely factual
☐ The size of the community and the degree of publicity saturation
☐ The length of time between the publicity and the trial
☐ The difficulty encountered in empaneling an impartial jury
☐ The severity and notoriety of the charged offense(s)
☐ Whether the publicity contains information not admissible at trial
☐ Whether public officials have made prejudicial statements
☐ Whether locally extensive hostile sentiment exists
☐ Whether less drastic remedies (e.g., continuance, expanded voir dire) would be adequate

See State v. Beegle, 188 W. Va. 681 (1992); State v. Dandy, 151 W. Va. 547 (1967).

21. Application of these factors to the present case demonstrates: [________________________________]

VI. PROPOSED ALTERNATIVE VENUE

22. The Defendant respectfully proposes that this matter be transferred to [________________] County Circuit Court, West Virginia.

23. The proposed venue is appropriate because:

☐ It is sufficiently distant from [________________] County to minimize the impact of pretrial publicity.
☐ The proposed county has not experienced the same degree of media coverage or community prejudice.
☐ The proposed county has adequate courtroom facilities and resources.
☐ The proposed county is reasonably accessible to the parties, witnesses, and counsel.
☐ Transfer to this venue would serve the interests of justice.

24. In the alternative, the Defendant requests that the Court select an appropriate county for the trial of this matter.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

25. In support of this Motion, the Defendant submits the following:

☐ Exhibit A: Affidavit of [DEFENDANT / DEFENSE COUNSEL] regarding grounds for change of venue
☐ Exhibit B: Copies of media articles and news reports concerning this case
☐ Exhibit C: Screenshots or printouts of social media posts and online commentary
☐ Exhibit D: Affidavit(s) of community members regarding local sentiment
☐ Exhibit E: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit F: Documentation of threats or safety concerns
☐ Exhibit G: [OTHER SUPPORTING DOCUMENTATION]

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Change of Venue;
2. Order the transfer of this matter to [________________] County Circuit Court, or to such other county as the Court deems appropriate, pursuant to W. Va. Code § 62-3-13 and W. Va. R. Crim. P. 21;
3. Order the Clerk to transmit certified copies of the record and recognizances to the receiving court;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
WV Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], West Virginia [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________] COUNTY, WEST VIRGINIA

Upon consideration of the Defendant's Motion for Change of Venue, the supporting affidavits and evidence, the hearing held on [__/__/____], and the Court being fully advised in the premises:

The Court finds that good cause exists and that locally extensive hostile sentiment or prejudice in [________________] County prevents the Defendant from obtaining a fair and impartial trial.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to W. Va. Code § 62-3-13 and W. Va. R. Crim. P. 21.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to [________________] County Circuit Court for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit certified copies of the record and all recognizances to the Clerk of [________________] County Circuit Court forthwith.

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Circuit Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing MOTION FOR CHANGE OF VENUE and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Service
☐ Facsimile

[PROSECUTOR NAME]
[COUNTY] County Prosecuting Attorney's Office
[ADDRESS LINE 1]
[CITY], West Virginia [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

WEST VIRGINIA STATE PRACTICE NOTES

• Good Cause Standard: The defendant must prove "good cause," meaning locally extensive hostile sentiment or prejudice so great that a fair and impartial trial cannot be obtained. State v. Beegle, 188 W. Va. 681, 425 S.E.2d 823 (1992).
• Timing: W. Va. R. Crim. P. 22 requires the motion at the earliest practicable moment, typically at or before arraignment. Delay may result in waiver.
• Hearing Required: A full hearing is available and required for substantial claims. The defendant may present affidavits, newspaper clippings, and live witnesses.
• Jury Impanelment Not Dispositive: The fact that an apparently impartial jury is later impaneled does not conclusively establish that prejudice did not exist at the time of the motion. State v. Dandy, 151 W. Va. 547 (1967).
• Record Transmission: When a change is ordered, the clerk of the ordering court must transmit certified copies of the record and recognizances to the receiving court.
• Mere Publicity Insufficient: Mere publicity, without a showing of pervasive hostility, is generally insufficient for a venue change. The publicity must be inflammatory and have saturated the community to such an extent that fair jurors cannot be found.