Idaho Code
Idaho Code § 19-1801 (2026)
Ground for removal.
✓ current as of May 2026
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Ground for removal.
A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Notes of Decisions
Cited in 12
cases, 1966–1993 · leading case: State v. Brooks, 655 P.2d 99 (Idaho Ct. App. 1982).
State v. Brooks, 655 P.2d 99 (Idaho Ct. App. 1982). “I.C. § 19-1801; I.C.R. 21. Upon motion, if the court is satisfied that a fair and impartial trial cannot be had in the county where the case is pending, the proceeding shall be transferred to another county.”
State v. Hall, 727 P.2d 1255 (Idaho Ct. App. 1986). “Idaho Code § 19-1801 provides: "A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.”
State v. Needs, 591 P.2d 130 (Idaho 1979). “The state on the other hand submits that the empaneled jurors were qualified to decide this case and a change of venue from Ada County was unnecessary.”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “For authority, Lewis points to I.C. §§ 19-1801 and 19-1808, which require motion by the defendant or the State, respectively, in order to effect a change of venue, and to I.”
State v. Thomasson, 832 P.2d 743 (Idaho 1992). “The motion requested moving the cause from Nez Perce County, pursuant to I.C. § 19-1801 and I.C.R. 21, or, alternatively, selecting the jurors from another county, pursuant to I.”
State v. Bitz, 460 P.2d 374 (Idaho 1969). “Appellant documented his motion for a change of venue with several newspaper clippings and with an affidavit from a Lewiston resident stating that he heard a member of a group of entertainers at a nightclub in Lewiston refer to another member of the group as "bad as Bitz," which…”
State v. Powers, 537 P.2d 1369 (Idaho 1975). “I.C. § 19-1801 provides for a change of venue in criminal actions where, “ * * * a fair and impartial trial can not be had in the county where the indictment is pending.”
State v. Ash, 493 P.2d 701 (Idaho 1971). “The new criminal rules also provide that either party may ask for a change of venue but say nothing about a change of venue on the court's own motion.”
State v. McKeehan, 430 P.2d 886 (Idaho 1967). “The grounds for removal of a criminal case are set forth in I.C. § 19-1801. This court in interpreting this statutory provision has held that the refusal to grant a motion for removal rests largely in the discretion of the trial court; that refusal is not a ground for reversal…”
State v. Sanger, 702 P.2d 1370 (Idaho Ct. App. 1985). “I.C. § 19-1801; I.C.R. 21; State v. Brooks, 103 Idaho 892 , 655 P.”
Stokes v. State, 411 P.2d 392 (Idaho 1966). “I.C. § 19-1801 sets forth the grounds for removal of a criminal cause as follows: “A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial can not be had…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “For authority, Lewis points to I.C. §§ 19-1801 and 19-1808, which require motion by the defendant or the State, respectively, in order to effect a change of venue, and to I.”
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