Kentucky Revised Statutes
Ky. Rev. Stat. § 452.210 (2026)
Change of venue to secure fair trial
✓ current as of May 2026
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When a criminal or penal action is pending in any Circuit Court, the judge thereof shall, upon the application of the defendant or of the state, order the trial to be held in some adjacent county to which there is no valid objection, if it appears that the defendant or the state cannot have a fair trial in the county where the prosecution is pending. If the judge is satisfied that a fair trial cannot be had in an adjacent county, he may order the trial to be had in the most convenient county in which a fair trial can be had. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1109.
Notes of Decisions
Cited in 35
cases (2 in the last 5 years), 1943–2026 · leading case: Baze v. Commonwealth, 276 S.W.3d 761 (Ky. 2008).
Baze v. Commonwealth, 276 S.W.3d 761 (Ky. 2008). “Venue in criminal proceedings is governed by KRS 452.210, et seq. and KRS 452.510, et seq.”
Montgomery v. Commonwealth, 819 S.W.2d 713 (Ky. 1991). “KRS 452.210 mandates that "if it appears that the defendant.”
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997). “Prior to trial, the court had found that publicity and other circumstances did not qualify for a change of venue.”
Kordenbrock v. Commonwealth, 700 S.W.2d 384 (Ky. 1985). “" At the hearing, the trial court was presented with evidence by Kordenbrock about the amount of publicity and percentages of people in the county who knew of the crime, and who thought Kordenbrock was guilty, etc.”
Fields v. Commonwealth, 274 S.W.3d 375 (Ky. 2008). “Defense counsel moved the Carter Circuit Court to transfer venue pursuant to KRS 452.210, after an unsuccessful attempt to seat a jury.”
Sluss v. Commonwealth, 450 S.W.3d 279 (Ky. 2014). “” Therefore, we cannot say thaC'refusal to change the venue on lack of affidavits in and of itself would be an abuse of discretion.”
Thompson v. Commonwealth, 862 S.W.2d 871 (Ky. 1993). “" KRS 452.210. Filed with the petition and requisite affidavits was an extensive array of newspaper articles, transcripts of local radio broadcasts concerning this case and a copy of a letter to the editor in a local paper, signed by 150 local residents, which referred to the…”
Wilson v. Case, 85 S.W.3d 589 (Ky. 2002). “I respectfully dissent and would reverse the Court of Appeals on the view that KRS 452.210(2)(a)(1) affords an adequate basis for exercising jurisdiction over Appellee in this matter.”
Wolfenbarger v. Commonwealth, 936 S.W.2d 770 (Ky. Ct. App. 1996). “§ 11; KRS 452.210. The circuit court has no authority to change venue based upon the convenience of the parties.”
Thurman v. Commonwealth, 975 S.W.2d 888 (Ky. 1998). “KRS 452.210. During voir dire, all but four of the first twenty-nine prospective jurors had heard or read something about the case.”
Dunlap v. Commonwealth, 435 S.W.3d 537 (Ky. 2013). “210 provides: When a criminal or penal action is pending in any Circuit Court, the judge thereof shall, upon the application of the defendant or of the state, order the trial to be held in some adjacent county to which there is no valid objection, if it appears that the…”
St. Clair v. Roark, 10 S.W.3d 482 (Ky. 2000). “KRS 452.210; Evans v. Commonwealth, Ky., 645 S.”
— Ky. Rev. Stat. § 452.210(2)(a)(1) — 1 case
Wilson v. Case, 85 S.W.3d 589 (Ky. 2002). “I respectfully dissent and would reverse the Court of Appeals on the view that KRS 452.210(2)(a)(1) affords an adequate basis for exercising jurisdiction over Appellee in this matter.”
— Ky. Rev. Stat. § 452.210(2)(d) — 1 case
Foam Master, LLC v. Paratus Supply, Inc. (E.D. Ky. 2025).
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