Indiana Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal process that seeks to request the removal of a presiding judge and the relocation of the trial to a different jurisdiction when one of the co-defendants in a criminal case has previous criminal convictions. This motion is based on the belief that the co-defendant's prior convictions may prejudice the jury against the other defendants, resulting in an unfair trial. In Indiana, there are different types of motions for refusal and change of venue due to a co-defendant's prior criminal convictions, including: 1. Standard Motion for Refusal and Change of Venue: This is the most common and straightforward type of motion used in criminal cases. It requests the refusal of the judge and a change of venue due to the co-defendant's previous criminal convictions, aiming to ensure a fair and impartial trial. 2. Motion for Refusal and Change of Venue Based on Specific Prejudice: This type of motion focuses on specific evidence or circumstances that demonstrate how the co-defendant's prior criminal convictions could create prejudice against the other defendants. It may involve presenting arguments and supporting evidence to convince the court of the need for refusal and a change of venue. 3. Motion for Refusal and Change of Venue Due to Media Influence: In high-profile cases where the co-defendant's prior criminal convictions have received significant media attention, this type of motion can be filed. It asserts that the extensive media coverage may lead to a biased jury that is already aware of the co-defendant's criminal history, making a fair trial impossible. 4. Motion for Refusal and Change of Venue Based on Jury Pool Bias: In certain cases, it may be argued that the co-defendant's prior criminal convictions have tainted the potential jury pool within the original jurisdiction, making it impossible to find an impartial jury. This motion requests the refusal of the judge and a change of venue to ensure that the trial is conducted in a more neutral location. In summary, the Indiana Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal tool utilized to seek the removal of a judge and the relocation of a trial when a co-defendant's previous criminal convictions may prejudice the jury against the other defendants. Different types of motions exist, depending on the specific circumstances of the case, such as standard motion, motion based on specific prejudice, motion based on media influence, and motion based on jury pool bias.
Indiana Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is ...
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.
An application for a change of judge or change of venue from the county shall be filed within ten (10) days after a plea of not guilty, or if a date less than ten (10) days from the date of said plea, the case is set for trial, the application shall be filed within five (5) days after setting the case for trial.
No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
If no payments are made after a reasonable time, you will have to go to Court again to seek a garnishment, or to get a payment schedule. If the suit was about property, you have to ask the Court to write you a ?Write of Replevin? which means the property must be given back to you.
Whenever a cause (including for this purpose a petition for post conviction relief has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the ...
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings (A) When presented. The time allowed for the presentation of defenses and objections in a motion or responsive pleading shall be computed pursuant to the provisions of Rule 6(C). (B) How presented.