January 17, 2011

Read this twice

The request for a change of venue usually comes from the defendant in a case, since he or she has a constitutional right to be tried in the district where the alleged crime took place.
Still don't make any sense.

They move because they have a right to an impartial jury. In fact if they move to change venue they waive — not invoke — their right to trial in the district "wherein the crime shall have been committed."

(There's no "alleged" in the Constitution.)

In either event, Alex Kozinski is prepared:
"I selected Judge Burns because of his ability and his experience, and partly because if he had to go to Tucson and still handle his caseload, he could get there quickly," he said.
The federal government says it wants Jared Lee Loughner's trial — if there is one — to stay put, in the District of Arizona. Wherever it may end up, I expect the prosecutors are highly motivated to seek the death penalty and Loughner's legal predicaments will ultimately reduce to whether he is competent to be executed, to put it bluntly.

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