violation of victim protective order admissible to show motive
How later courts described this case
- violation of victim protective order admissible to show motive
Written by the judges who cited it.
The opinion
BUSSEY, Judge,
specially concurring:
I write separately only to state my view that a change of venue is not mandated on REMAND. The jury selection at the second trial could reveal greatly diminished prejudicial publicity and softened community sentiment. See Patton v. Yount, 467 U.S. 1025, 1034 , 104 S.Ct. 2885, 2890 , 81 L.Ed.2d 847, 856 (1984). Furthermore, the relevant question is not whether the community remembers the case, but whether the jurors have such fixed opinions that they cannot judge impartially the guilt of the appellant. Id.