Rule 11.1 - Change of Venue(a)Grounds. The trial judge, for good cause, may grant the defendant a change of venue. Good cause includes a satisfactory showing made to the court in writing, supported by the affidavits of two (2) or more credible persons, that the defendant cannot have a fair and impartial trial in the county where the offense is charged to have been committed.(b)Prejudicial Pretrial Publicity. Whenever the grounds for change of venue are based on pretrial publicity, the trial judge shall consider the level of adverse publicity (both in extent of coverage and its inflammatory nature) and the potential effect of such publicity on the venire.(c)Time for Filing Motion. A motion for change of venue should be made at the earliest opportunity after learning of the cause for challenge.(d)Venue Upon Remand. When an action is remanded by an appellate court for a new trial or jury sentencing, all rights to request a change of venue may be asserted de novo.Comment
Rule 11.1(a) is in accord with Article 3, Section 26 of the Mississippi Constitution, Mississippi Code Section 99-15-35, and former Rule 6.06 of the Uniform Rules of Circuit and County Court. If the request for a change of venue is based on pretrial publicity, section (b) requires the trial judge to consider the level of adverse publicity and its potential effect on the venire. See McCune v. State, 989 So. 2d 310, 317 n.14 (Miss. 2008).
Under section (d), an application for change of venue may be made when the matter is remanded by an appellate court for a new trial or jury sentencing. See Maye v. State, 49 So. 3d 1124, 1133 (Miss. 2010) (citing State v. Caldwell, 492 So. 2d 575, 577 (Miss. 1986)).