22-2616.
Change of venue.
(1) In any prosecution, the court upon motion of the defendant shall order that the case be transferred as to him to another county or district if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county.
(2) When a case is ordered transferred to another county or district the court shall certify the order of transfer to the departmental justice who shall designate another county or district to which the proceeding shall be transferred.
(3) When a transfer is ordered the clerk of the court where the case is pending shall transmit to the clerk of the court to which the case is transferred all papers in the case or duplicates thereof and any appearance bond taken, and the prosecution shall continue in the court to which the transfer is ordered.
(4) When any case is transferred to another county under this section the responsibility for prosecution of the case shall remain with the original prosecuting attorney, or his successor.
(5) When any case is transferred to another county under this section all taxable costs in such case shall be taxed to the county in which the case originated and such county shall be liable for the payment thereof.
The provisions of this section shall apply only to the prosecution of trials and shall not be applicable to preliminary proceedings.
History:
L. 1970, ch. 129, § 22-2616; L. 1974, ch. 151, § 1; July 1.
Notes of Decisions
Cited in
52
cases (
1 in the last 5 years), 1973–2025 · leading case:
State v. Robinson, 363 P.3d 875 (Kan. 2015).
State v. Robinson, 363 P.3d 875 (Kan. 2015).
· cites it 22× “Actual Prejudice Robinson advances five arguments in support of his actual prejudice challenge, arguing that the trial court abused its discretion by: (1) failing to acknowledge uncontroverted social science evidence that individuals cannot set aside preconceived opinions; (2)…”
State v. Longoria, 343 P.3d 1128 (Kan. 2015).
· cites it 11× “K.S.A. 22-2616(1) provides that a trial court should transfer venue when the defendant shows so great a prejudice against the defendant that he or she cannot obtain a fair and impartial trial in the county where the action is pending.”
State v. Carr, 331 P.3d 544 (Kan. 2014).
· cites it 7× “o pervasive and prejudicial in Sedgwick County that it prevented trial by a fair and impartial jury, violating their rights under tire Sixth and Fourteenth Amendments to the United States Constitution and Section 10 of the Kansas Constitution Bill of Rights, and that District…”
State v. Miller, 427 P.3d 907 (Kan. 2018).
· cites it 2× “He contends that the pervasive publicity denied him the constitutional right to a trial by an impartial jury, guaranteed by both the Sixth Amendment to the United States Constitution and the Kansas Constitution Bill of Rights, § 10.”
State v. Thurber, 420 P.3d 389 (Kan. 2018).
· cites it 2× “An independent statutory basis for venue change also exists under K.S.A. 22-2616(1) (trial court should transfer venue when defendant shows "so great a prejudice against the defendant that he [or she] cannot obtain a fair and impartial trial in that county").”
State v. Galloway, 459 P.3d 195 (Kan. 2020).
· cites it 3× “Galloway moved to change venue based solely on statutory grounds, specifically referring to K.S.A. 22-2616. K.S.A. 22-2616(1) directs a trial court to grant a defendant's motion to change venue if it "is satisfied that there exists in the county where the prosecution is pending…”
State v. Arculeo, 36 P.3d 305 (Kan. Ct. App. 2001).
· cites it 4× “Change of venue is governed by K.S.A. 22-2616. Subsection (1) provides: "In any prosecution, the court upon motion of the defendant shall order that the case be transferred as to him to another county or district if the court is satisfied that there exists in the county where…”
State v. Palacio, 442 P.3d 466 (Kan. 2019).
· cites it 3× “Palacio also appeared to assert that he was entitled to a change of venue under K.S.A. 22-2616. The district court judge disagreed and denied Palacio's motion.”
State v. McBroom, 325 P.3d 1174 (Kan. 2014).
· cites it 2× “McBroom also claims that comments made during voir dire by nine individuals who served on his jury demonstrated the impossibility of selecting an impartial Osborne County jury.”
State v. Butler, 897 P.2d 1007 (Kan. 1995).
· cites it 2× “K.S.A. 22-2616(1) provides that the court shall, upon motion of the defendant, transfer the case to another county if it is satisfied that there is so great a prejudice against the defendant that he or she cannot obtain a fair and impartial trial in that county.”
State v. Verge, 34 P.3d 449 (Kan. 2001).
“The questions asked suggested answers and did not allow an answer of “no opinion.”
State v. Roeder, 336 P.3d 831 (Kan. 2014).
“” K.S.A. 22-2616(1). Our caselaw confirms that a defendant seeking reversal of a denied motion to change venue is facing a steeply uphill battle.”
— K.S.A. § 22-2616(1) — 42 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015).
“Actual Prejudice Robinson advances five arguments in support of his actual prejudice challenge, arguing that the trial court abused its discretion by: (1) failing to acknowledge uncontroverted social science evidence that individuals cannot set aside preconceived opinions; (2)…”
State v. Longoria, 343 P.3d 1128 (Kan. 2015).
“K.S.A. 22-2616(1) provides that a trial court should transfer venue when the defendant shows so great a prejudice against the defendant that he or she cannot obtain a fair and impartial trial in the county where the action is pending.”
State v. Carr, 331 P.3d 544 (Kan. 2014).
“o pervasive and prejudicial in Sedgwick County that it prevented trial by a fair and impartial jury, violating their rights under tire Sixth and Fourteenth Amendments to the United States Constitution and Section 10 of the Kansas Constitution Bill of Rights, and that District…”
State v. Miller, 427 P.3d 907 (Kan. 2018).
“He contends that the pervasive publicity denied him the constitutional right to a trial by an impartial jury, guaranteed by both the Sixth Amendment to the United States Constitution and the Kansas Constitution Bill of Rights, § 10.”
State v. Thurber, 420 P.3d 389 (Kan. 2018).
“An independent statutory basis for venue change also exists under K.S.A. 22-2616(1) (trial court should transfer venue when defendant shows "so great a prejudice against the defendant that he [or she] cannot obtain a fair and impartial trial in that county").”
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