Ground for removal; application not to be granted until after voir dire examination; appeal of order changing or refusing to change place of trial.
1. A criminal action prosecuted by indictment, information or complaint may be removed from the court in which it is pending, on application of the defendant or state, on the ground that a fair and impartial trial cannot be had in the county where the indictment, information or complaint is pending.
2. An application for removal of a criminal action shall not be granted by the court until after the voir dire examination has been conducted and it is apparent to the court that the selection of a fair and impartial jury cannot be had in the county where the indictment, information or complaint is pending.
3. An order in a criminal action changing or refusing to change the place of trial is appealable only on appeal from the final judgment.
Last modified: February 25, 2006