Section 30.5 Change of Judge or Venue

• Library: Criminal Practice 2012 Supp

D. (§30.5) Change of Judge or Venue

Counsel should carefully consider, before retrial, whether to seek a change of judge or change of venue. This is particularly important if the first trial has been publicized or if the fact that there is to be a retrial because of a reversal of a prior conviction has received publicity. Counsel should also consider whether the original trial judge should rehear the matter either because of the judge’s rulings or verdict at the first trial or because of the possibility that the original trial judge has been “stung” by the reversal on appeal.

A defendant may have one change of judge and one change of venue for prejudice in any criminal case pending in circuit court. Rule 32.09; State v. Perkins, 680 S.W.2d 331, 333 (Mo. App...