The Kentucky Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal recourse available in Kentucky that allows a defendant to request the removal of a judge from their case and a change in the location of the trial due to the presence of a co-defendant with prior criminal convictions. This motion seeks to ensure a fair and impartial trial by addressing concerns related to potential bias and prejudice that may arise from the co-defendant's criminal history. Keywords: Kentucky, motion, refusal, change of venue, co-defendant, prior criminal convictions, legal recourse, removal of judge, trial, fair trial, impartiality, bias, prejudice. There are different types of Kentucky Motions for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions, including: 1. Motion for Refusal: This motion focuses solely on the request for the judge's removal from the case. It is initiated when a defendant believes the presiding judge may have a bias or conflict of interest that could affect the fairness of the trial. 2. Motion for Change of Venue: This motion is filed to request a change in the location of the trial. It aims to secure a neutral venue where jurors are less likely to be influenced by the co-defendant's prior criminal convictions, ensuring a fair trial. 3. Combined Motion for Refusal and Change of Venue: In some cases, defendants may choose to file a combined motion, urging both the refusal of the judge and the change of venue. This comprehensive approach addresses concerns related to both potential bias from the judge and the impact of co-defendant's criminal history on jury impartiality.
Kentucky Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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Application for a change of venue shall be made by verified motion of the party seeking a change to the court, in which the reasons and grounds for the change shall be stated. On any motion for change of venue the court shall have a hearing for the presentation of evidence and arguments for and against the motion.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
CR 59.05 Motion to alter, amend or vacate a judgment A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.
Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact.
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.
? The Kentucky Supreme Court today struck down Senate Bill 126, a change of venue law allowing any party to a lawsuit challenging the constitutionality of a state law to unilaterally transfer the case from the original court to a randomly chosen court elsewhere in the state.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
An oral motion may be made during a hearing or trial, but motions are usually in writing and filed with the Office of Circuit Court Clerk. Often motions have a ?memorandum? filed with them that explains the legal reasons why the court should grant the motion.