Opinion

Williams v. Superior Court

  • 34 Cal. 3d 584
  • 194 Cal. Rptr. 492
  • 668 P.2d 799
  • 1983 Cal. LEXIS 232
Court
California Supreme Court
Filed
Sep 8, 1983
Status
Published
Author
Richardson
On the bench
Broussard, Richardson, Mosk, Bird
Cited by
26 cases
Authority
More cited than 11.3%

holding that in determining whether a defendant 26 cannot receive a fair trial in a particular county, the court must examine “(1) the nature and 27 || extent of the publicity; (2) the size of the [county’s] population; (3) the nature and gravity 28 || of the offense; (4) the status of the victim and of the accused; and (5) whether political 1 ||overtones are present.”

How later courts described this case

  • holding that in determining whether a defendant 26 cannot receive a fair trial in a particular county, the court must examine “(1) the nature and 27 || extent of the publicity; (2) the size of the [county’s] population; (3) the nature and gravity 28 || of the offense; (4) the status of the victim and of the accused; and (5) whether political 1 ||overtones are present.”
  • held: change of venue motion mistakenly denied; defendant was member of minority group and stranger to community; victim was white and from prominent family; and case had political overtones

Written by the judges who cited it.

The opinion

RICHARDSON, J.

I concur in the judgment. Certain factors, including the nature and gravity of the offense, and the extensive local publicity devoted to the murder trial of defendant’s brother for the same offense, distinguish this case from Martinez v. Superior Court (1981) 29 Cal.3d 574 [ 174 Cal.Rptr. 701 , 629 P.2d 502 ], in which I dissented. Unlike the situation in Martinez , a venue change seems appropriate here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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