We have a fairly high profile Agg. Sexual Assault case here in which we are seeking a determinate setence. The defense attorney has stated that she is filing a Motion for Change of Venue. I do not believe that Chapter 31 of the CCP applies to juvenile cases/ Am I missing something?
Wow great question.
I don't know of and couldn't find a case on juvenile change of venue other than those on cases where the juvenile had been certified. Maybe someone with better reasearch skills than I can come up with one.
Would prefer to give you my thoughts elsewhere.
Email me if you want to discuss at email@example.com
Art 31 CCP appears not to apply to juvenile cases. I checked annotations too, but saw no cases on a motion to change of venue. Good Luck.
� 51.06. VENUE.
(a) A proceeding under this title shall be commenced in
(1) the county in which the alleged delinquent conduct or conduct indicating a need for supervision occurred; or
(2) the county in which the child resides at the time the petition is filed, but only if:
(A) the child was under probation supervision in that county at the time of the commission of the delinquent conduct
or conduct indicating a need for supervision;
(B) it cannot be determined in which county the delinquent conduct or conduct indicating a need for supervision occurred; or
(C) the county in which the child resides agrees to accept the case for prosecution, in writing, prior to the case
being sent to the county of residence for prosecution.
No mention of Ch 31 CCP in this section of Family Code either:
� 51.17. PROCEDURE AND EVIDENCE. (a) Except for the burden of proof to be borne by the state in adjudicating a child to be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas Rules of Civil Procedure govern proceedings under this title.
(goes on to list specific CCP articles but not 31)
I agree with Sharon but then does that mean we revert to Rule 86 (and then 257) of the Code of Civil Procedure ?? ICK !
Hw old is the juvenile respondent? Would it help to utilize Sec. 54.08 and restrict the public access to the courtroom? It might cool things off. (of course, it could make things worse, too). If the respondent is under 14 the court "shall" close the hearing to the public, unless there is a finding that the interests of the child or the public would be better served by a public hearing. I can't tell from what you say, but you may have a defense attorney who wants to to try the case in the media.
Actually the victim's family took this to the media when the judge released the juvenile on conditions of release. The judge has ordered the courtroom closed for the remainder of the hearings and trial. He also placed a gag order all all attorneys.
After reading everything, I believe that the Rules of Civil procedure apply for the change of venue. SO she needs three affidavits as opposed to two. Any advice on fighting this? I have never tried to fight a change in venue in 11 years. Any advice is appreciated
I've never done one but you might email Greg G (you can find him on the criminal forum)who probably has and is just one county over from yours in Bastrop.
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