Ark. Code Ann. § 16-88-207 (2020)
Second removal of same cause prohibited
In no case shall a second removal of the same cause be allowed.
History. Crim. Code, § 421, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3093; Pope's Dig., § 3923; A.S.A. 1947, § 43-1507.
Case Notes
Constitutionality.
This section is not on its face unconstitutional. 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).
This section, which purports to limit a criminal defendant to one change of venue, is not unconstitutional on its face. As with Ark. Const., Art. 2, § 8, this section can, and must, be read as operative only within the bounds of the sixth and fourteenth amendments to the United States Constitution. Swindler v. Lockhart, 693 F. Supp. 760 (E.D. Ark. 1988), aff'd, 885 F.2d 1342 (8th Cir. 1989).
No Error.
Even if the trial judge erroneously believed that this section prevented absolutely a second change of venue, the court expressed a willingness to consider the constitutional implications of the statute if necessary to preserve the defendant's right to a fair trial; and the trial court gave alternative reasoning for denying the change of venue and did not base his decision solely on the belief that he lacked the authority to grant the change. Even if there were error, there was no actual prejudice, since the seated jury was composed of those who either had virtually no knowledge of the case, or who had tentative opinions which could be set aside; accordingly, the appellate court found no manifest error in the decision of the trial court not to permit a second change of venue. Swindler v. Lockhart, 693 F. Supp. 760 (E.D. Ark. 1988), aff'd, 885 F.2d 1342 (8th Cir. 1989).
Cited: Perry v. State, 279 Ark. 213, 650 S.W.2d 240 (1983); Swindler v. Lockhart, 885 F.2d 1342 (8th Cir. 1989).