A circuit court may, on motion of the accused or of the Commonwealth, for good cause, order the venue for the trial of a criminal case in such court to be changed to some other circuit court. Such motion when made by the accused may be made in his absence upon a petition signed and sworn to by him.
Whenever the mayor of any city, or the sheriff of any county, shall call on the Governor for military force to protect the accused from violence, the judge of the circuit court of the city or county having jurisdiction of the offense shall, upon a petition signed and sworn to by the accused, whether he be present or not, at once order the venue to be changed to the circuit court of a city or county sufficiently remote from the place where the offense was committed to insure the safe and impartial trial of the accused.
Code 1950, § 19.1-224; 1960, c. 366; 1975, c. 495.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1977–2023 · leading case:
Porter v. Com., 661 S.E.2d 415 (Va. 2008).
Porter v. Com., 661 S.E.2d 415 (Va. 2008).
· cites it 16× “" The change of venue statute, Code § 19.2-251, "otherwise provide[s]," and venue was changed in this case.”
Poindexter v. Commonwealth, 237 S.E.2d 139 (Va. 1977).
· cites it 8× “He first argues that the change of venue statute, Code § 19.2-251 2 , is unconstitutional as it violates that part of Article I, § 8 of the Constitution of Virginia which provides an accused “shall enjoy the right to a speedy and public trial, by an impartial jury of his…”
Watkins v. Commonwealth, 331 S.E.2d 422 (Va. 1985).
· cites it 2× “Watkins moved for a change of venue pursuant to Code § 19.2-251 because of publicity generated by the trial of Watkins under the indictments arising from the Barker murder.”
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008).
· cites it 2× “"); § 19.2-251 ("A circuit court may, on motion of the accused or the Commonwealth, for good cause, order the venue for the trial of a criminal case.”
Taylor v. Commonwealth, 708 S.E.2d 241 (Va. Ct. App. 2011).
· cites it 2× “…4 . We note a trial court may order the remedy granted here by transferring a case to an appropriate venue. See Code § 19.2-251.”
Newcomer v. Commonwealth, 255 S.E.2d 485 (Va. 1979).
· cites it 2× “The right to change of venue is conferred by Code § 19.2-251, and its purpose is to accord litigants, both the Commonwealth and the defendant, a fair and impartial trial.”
Wright v. Commonwealth, 659 S.E.2d 583 (Va. Ct. App. 2008).
“1 (“For any traffic infraction cases tried in a district court....”); § 19.2-265.4 (“In any criminal prosecution for a felony in a circuit court or for a misdemeanor brought on direct indictment.”
Commonwealth v. Boughton, 74 Va. Cir. 538 (Chesapeake Cir. Ct. 2006).
· cites it 2× “Defendant has moved for a change of venue pursuant to Virginia Code § 19.2-251, on the basis that the subject matter of the indictment has been a “high-profile” news story that has been heavily reported on by multiple local news outlets.”
Fisher v. Cnty. of Roanoke, 522 S.E.2d 392 (Va. Ct. App. 1999).
· cites it 2× “2d 139, 142 (1977) (rejecting constitutional challenge to change of venue statute Code § 19.2-251); Newberry v. Commonwealth, 192 Va.”
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