Idaho Code

Idaho Code § 19-1801

Ground for removal. 

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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
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State v. Brooks (1982) idahoctapp · cites it 4× “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 (1986) idahoctapp · cites it 4× “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 (1979) idaho · cites it 2× “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 (1993) idaho · cites it 4× “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 (1992) idaho · cites it 4× “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 (1969) idaho · cites it 4× “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 (1975) idaho · cites it 2× “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 (1971) idaho · cites it 4× “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 (1967) idaho · cites it 2× “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 (1985) idahoctapp · cites it 2× “I.C. § 19-1801; I.C.R. 21; State v. Brooks, 103 Idaho 892 , 655 P.”
Stokes v. State (1966) idaho · cites it 2× “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 (1993) idaho · cites it 4× “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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