CASE LAW UPDATE:  Whether defendant’s trial should have been moved to a new venue because of pretrial publicity?

Defendant was convicted of 1st degree manslaughter.  He appealed, arguing that his motion for a change of venue should have been granted because of prejudicial pretrial publicity.  The Minnesota Court of Appeals held that the trial court did not err in denying his motion for change of venue, because the 3 news articles that connected defendant to the victim were based on publicly available factual information, none of the articles contained anything that purported to be the opinions of people who are supposed to know the facts, defendant was afforded a full and fair opportunity to question prospective jurors about the publicity and challenge those not considered impartial, and defendant failed to demonstrate actual prejudice due to pretrial publicity.

State v. Larson, A20-1200, Douglas County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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