Ark. Code Ann. § 16-88-203 (2026)
One change of venue
Only one (1) change of venue shall be granted in any criminal case or prosecution.
History. Crim. Code, § 433, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3108; Pope's Dig., § 3938; A.S.A. 1947, § 43-1518.
Case Notes
Constitutionality.
This section is not unconstitutional on its face. Swindler v. State, 267 Ark. 418, 592 S.W.2d 91 (1979), cert. denied, 449 U.S. 1057, 101 S. Ct. 630, 66 L. Ed. 2d 511 (1980).
Denial of Second Change.
Where an examination of the record in a murder prosecution revealed that each of the jurors stated they could give the appellant a fair trial and that they would be guided by the instructions of the trial court, the trial court did not abuse its discretion when it refused to grant the defendant's request for a second change of venue. Perry v. State, 277 Ark. 357, 642 S.W.2d 865 (1982).
The trial court complied with Ark. Const., Art. 2, § 10, and this section when it acted upon the defendant's first request for a change of venue and transferred venue to another county; although the defendant labeled his second motion as a motion to withdraw the earlier request for a change of venue, it was actually nothing more than a request for a second change of venue and therefore, was discretionary with the trial judge. Dansby v. State, 338 Ark. 697, 1 S.W.3d 403 (1999).
Retrial.
On retrial for capital murder, the defendant was not entitled to a change of venue where he had previously been granted a change, notwithstanding that a federal court vacated the state judgment of conviction. Ford v. Wilson, 327 Ark. 243, 939 S.W.2d 258 (1997).
Cited: Perry v. State, 279 Ark. 213, 650 S.W.2d 240 (1983); Ronning v. State, 295 Ark. 228, 748 S.W.2d 633 (1988).