(a) Any person charged with an indictable offense may have his trial removed to another county, on making application to the court, setting forth specifically the reasons why he cannot have a fair and impartial trial in the county in which the indictment is found. The application must be sworn to by him and must be made as early as practicable before the trial, or it may be made after conviction upon a new trial being granted.
(b) The refusal of such application may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment on the application as it may deem right without any presumption in favor of the judgment or ruling of the lower court on such application.
(c) If the defendant is in confinement, the application may be heard and determined without the personal presence of the defendant in court.
(Code 1852, §654; Code 1867, §4206; Code 1876, §4911; Code 1886, §4485; Code 1896, §5309; Code 1907, §7851; Acts 1909, No. 205, p. 212; Code 1923, §5579; Code 1940, T. 15, §267.)
Notes of Decisions
Cited in
22
cases, 1980–2018 · leading case:
Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).
Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).
· cites it 2× “' When reviewing a ruling on a motion for a change of venue, the Alabama Supreme Court has stated: “An accused is entitled under § 15-2-20 to a change of venue if he can demonstrate that he cannot receive a fair trial in the county where he is to be tried.”
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994).
· cites it 2× “This guarantee has also been codified in this state in Ala.Code 1975, § 15-2-20. Rule 10.1, A.R.”
McCray v. State, 88 So. 3d 1 (Ala. Crim. App. 2010).
· cites it 2× “This guarantee has also been codified in this state in Ala.Code 1975, § 15-2-20. Rule 10.1, A.R.”
Woodward v. State, 123 So. 3d 989 (Ala. Crim. App. 2011).
· cites it 2× “This guarantee has also been codified in this state in Ala.Code 1975, § 15-2-20. Rule 10.1, Ala.”
Hosch v. State, 155 So. 3d 1048 (Ala. Crim. App. 2013).
· cites it 2× “This guarantee has also been codified in this state in Ala.Code 1975, § 15-2-20. Rule 10.1, [Ala.”
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005).
“' § 15-2-20, Ala.Code 1975; Nelson v. State, 440 So.”
Riley v. State, 166 So. 3d 705 (Ala. Crim. App. 2013).
· cites it 2× “This guarantee has also been codified in this state in Ala. Code 1975, § 15-2-20. Rule 10.1, A.R.”
Beckworth v. State, 946 So. 2d 490 (Ala. Crim. App. 2005).
“Section 15-2-20, Ala.Code 1975, provides that a defendant may obtain a change of venue if he demonstrates to the trial court that he cannot receive a fair and impartial trial in the county where he was indicted.”
Hardy v. State, 804 So. 2d 247 (Ala. Crim. App. 1999).
“2d 176 (1990) (review of denial of a motion for a change of venue in a death penalty case, under requirement of § 15-2-20(a), that the application be sworn to).”
Burgess v. State, 827 So. 2d 134 (Ala. Crim. App. 1998).
“" § 15-2-20, Ala.Code 1975; Nelson v. State, 440 So.”
Wilson v. State, 480 So. 2d 78 (Ala. Crim. App. 1985).
· cites it 4× “See Ala. Code § 15-2-20 et seq. Whether to grant a change of venue is generally left to the discretion of the trial court.”
Luong v. State, 199 So. 3d 139 (Ala. 2014).
“2d 317 (1972); see, also, the cases annotated at § 15-2-20. In Nelson v. State, 440 So.2d 1130 (Ala.”
— Ala. Code § 15-2-20(a) — 1 case
Hardy v. State, 804 So. 2d 247 (Ala. Crim. App. 1999).
“2d 176 (1990) (review of denial of a motion for a change of venue in a death penalty case, under requirement of § 15-2-20(a), that the application be sworn to).”
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