WYOMING COURT RULES

Wyoming Rules of Criminal Procedure

Rule: 21.1

Jurisdiction: WY

Bluebook Citation: Wyo. R. Crim. P. 21.1

56 ation to be a fair and impartial juror. Chavez v. State, 604 P.2d 1341, 1979 Wyo. LEXIS 505 (Wyo. 1979), cert. denied, 446 U.S. 984, 100 S. Ct. 2967, 64 L. Ed. 2d 841, 1980 U.S. LEXIS 1922 (U.S. 1980). Record supportive of denial of venue change. — Where the record does not reflect any news articles that are other than objective, nor any difficulty in selecting an impartial jury, and where the defendant has not exercised all of his peremptory challenges and has not ob- jected to the jury selection, there is nothing to indicate an abuse of discretion by the trial judge in denying a motion for a change of venue. Weddle v. State, 621 P.2d 231, 1980 Wyo. LEXIS 327 (Wyo. 1980). In defendant’s felony murder case, change of venue was properly denied where sixty-five jurors were summoned for the trial, and of those, 12 had heard about the case, and each of those jurors was closely examined; moreover, at the close of voir dire, defendant passed the jury for cause and had no objections to the jury selection process. Lemus v. State, 2007 WY 111, 162 P.3d 497, 2007 Wyo. LEXIS 120 (Wyo. 2007). The judge did not abuse his discretion in not granting a change of venue, although 15 jurors were excused for cause, there being no indica- tion that the 15 reflected the opinions and attitudes of the other members of the jury panel or that the 15 influenced the remaining panel members. Pote v. State, 695 P.2d 617, 1985 Wyo. LEXIS 445 (Wyo. 1985). Pretrial publicity did not require a change of venue where trial court found newspaper ar- ticles which had run prior to trial were not likely to have been read by a sufficient number in jury pool to prevent impaneling an impartial jury. Punches v. State, 944 P.2d 1131, 1997 Wyo. LEXIS 118 (Wyo. 1997). Denial of defendant’s motion for a change of venue based on pretrial publicity was not an abuse of discretion where, even though many prospective jurors heard of the case, there was nothing to suggest prejudicial publicity and, where, as part of his overall trial strategy, defendant’s counsel actually read portions of newspaper articles to the jury. Sides v. State, 963 P.2d 227, 1998 Wyo. LEXIS 109 (Wyo. 1998). Trial court properly denied defendant’s mo- tion for change of venue due to pretrial public- ity about defendant’s crimes and a separate investigation in which he was a murder sus- pect, where (1) although there were 12 articles published about defendant, none were sensa- tional or inflammatory and the last was pub- lished 3 months before trial, (2) only five of 48

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