In criminal trials, a change of venue may be granted when local media coverage could prejudice the jury, and courts must balance procedural efficiency with constitutional rights, including the defendant's right to a jury trial versus the court's ability to schedule pleas and trials effectively.
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Change of venue granted in Georgia school shooting that left two teachers, two students deadAdded:
All right, good morning again. This is State of Georgia versus Cole Gray 24 CR 594. We're here for a status hearing.
Mr. Allen, previous counsel [clears throat] filed a motion to change venue. I wasn't sure what your position is on that.
>> All right, Judge, in the event we have a jury trial, I would be adopting that motion. I do think that we would need to consider an alternate location for any trial.
>> What's the state's position?
>> The state does not object to a change of venue.
>> Um All right, I'll enter an order changing venue.
Um I can tell you all in and in in in anticipation, I've reached out to a couple of other locations trying to find places outside of the Atlanta metro media.
Um I got a fair amount of radio silence from some of those jurisdictions.
Um I I can tell you the leading candidate right now is Columbia County.
Um which is part of the Augusta um area. Their their media is pulled from Augusta as opposed to Atlanta.
Um They are the the chief judge there said they're more than likely willing to accommodate and to accept um us having a trial in their their courthouse. We would probably be starting mid-October and then running through potentially into that first week in November.
I don't know that I'm going to review voir dire.
>> Okay.
>> I did that last time and I >> [laughter] >> I don't think I'm going to do it again.
>> We're totally fine.
>> As far as the scheduling order, I am going to put a plea deadline in. I actually do that in essentially all my cases.
Um it would be that last week of July.
That's judges conference, so courtrooms are available. Um we don't have any conflicts. I know that um now Colin [snorts] Gray is scheduled for that week as well, and I realize that there's got to be some sort of separation in in the event Mr. Uh Cole Gray changed his mind and wanted to enter a plea.
>> You're right. So, I do think it would be a due process argument problem if the court refused to allow him to enter a plea. Following that, if he changes his mind, we're set for trial, and then he wants to enter a plea.
>> I think the issue is going to be a defendant does not have a constitutional right to enter a guilty plea. They have a constitutional right to a jury trial.
You have any suggestions, Mr. Allen?
>> Um >> I want to avoid a situation where we burden another jurisdiction to make all these arrangements to clear out their courtroom, su- summon their jurors early, and then you know, the eve of a guilty plea's entered.
>> I'm not going to bring it up.
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