Texas Florist Who Admitted to Being in Pelosi’s Office Wants Case Moved from D.C. Because of ‘Cancel Culture’

[meaner gene]

Her attorney can make a motion to move the trial because it might be difficult to give her a fair trail in DC. If they don’t move it, she can have grounds for an appeal, it’s just a legal move.

Would you people please read the US Constitution. The 6th amendment specifies that trials are to be held in the state and district of where the crime occurred. And the reason stemming from common law, where juries are both triers of fact, and purveyors of the common sense of the community.

 

[Papageorgio]

Her attorney can make a motion to move the trial because it might be difficult to give her a fair trail in DC. If they don’t move it, she can have grounds for an appeal, it’s just a legal move.

Would you people please read the US Constitution. The 6th amendment specifies that trials are to be held in the state and district of where the crime occurred. And the reason stemming from common law, where juries are both triers of fact, and purveyors of the common sense of the community.

I wondered how that would work in DC, thanks for the info. Your snarky attitude excluded.

 

[Faun]

After reading the article I got the impression that the woman is afraid of the possible jury in DC.

She wants the trial moved to west Texas.

Which is absurd. The crime happened in DC. That's where the trial should take place.

Texas Florist Who Admitted to Being in Pelosi's Office Wants Case Moved from D.C. Because of 'Cancel Culture'

Jenny Cudd wants a change of venue, asserting she cannot get a fair trial in the liberal-heavy Washington, D.C. because of "cancel culture" | Law & Crime

lawandcrime.com

It will likely be denied. The Constitution states crimes must be tried in the states where they are committed. In cases where a crime is not committed in a state, such as in this case, Congressional law decides where to hold the trial. I'm not sure what the law is on this matter but I'm confident it's not that crimes in D.C. are to be tried in Texas.

Actually, where the trial should be depends only on what is most convenient for the witnesses.
Since this trial is likely to use mostly video footage instead of actually human witnesses in person, then the only person who actually has to be there is the defendant, so then the trial should be where it is easy for them, which is TX.

The crime was not committed in Texas, so as per the US Constitution, the trial cannot be held in Texas.

Do not pass Go, do not collect $200.

 

[AZrailwhale]

Yes you're right.

There is no way that case is going to be tried in Texas.

The crime was committed in DC. That is where the trial should happen.

I keep getting disgusted with the trump followers belief they are special, rules and laws don't apply to them.

Since DC is a Democratic stronghold with almost all its residents either working for the government, or receiving money from the federal government, how is she going to get an impartial jury?

 

[iceberg]

After reading the article I got the impression that the woman is afraid of the possible jury in DC.

She wants the trial moved to west Texas.

Which is absurd. The crime happened in DC. That's where the trial should take place.

Texas Florist Who Admitted to Being in Pelosi's Office Wants Case Moved from D.C. Because of 'Cancel Culture'

Jenny Cudd wants a change of venue, asserting she cannot get a fair trial in the liberal-heavy Washington, D.C. because of "cancel culture" | Law & Crime

lawandcrime.com

if it is her legal right to make this request, let it go. your whining then saying she can't do this is simply you removing rights from her that you don't personally approve of.

pretty much our core issue anymore.

 

[Faun]

Since DC is a Democratic stronghold with almost all its residents either working for the government, or receiving money from the federal government, how is she going to get an impartial jury?

It's over. She pleaded guilty.

 

[Rigby5]

The crime was not committed in Texas, so as per the US Constitution, the trial cannot be held in Texas.

Do not pass Go, do not collect $200.

Wrong.
While the state where the crime was committed is usually best, that no longer is relevant now that we have video, and a change of venue is very common for federal charges.
And DC is not a state.
Nor is a fair trial possible when most of the people in DC are employed by the government the group was protesting against.

But there are articles suggesting the trial normally should be in DC.
{...
The Constitution of the United States, Article III. Section 2, Paragraph 3, provides:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment VI provides:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law * * *

28 U.S.C. former §114 (now §§1393, 1441) provides:

All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.
...}

 

[Rigby5]

Would you people please read the US Constitution. The 6th amendment specifies that trials are to be held in the state and district of where the crime occurred. And the reason stemming from common law, where juries are both triers of fact, and purveyors of the common sense of the community.

Wrong.
A change of venue is not only common, but essential to fair justice when there are indications of local bias.
With federal charges, the local juries would NOT be a purveyor of the common sense of the community.

 

[Faun]

Wrong.
While the state where the crime was committed is usually best, that no longer is relevant now that we have video, and a change of venue is very common for federal charges.
And DC is not a state.
Nor is a fair trial possible when most of the people in DC are employed by the government the group was protesting against.

But there are articles suggesting the trial normally should be in DC.
{...
The Constitution of the United States, Article III. Section 2, Paragraph 3, provides:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment VI provides:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law * * *

28 U.S.C. former §114 (now §§1393, 1441) provides:

All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.
...}

Moron, "another division of the district," is not in another state.

 

[hadit]

After reading the article I got the impression that the woman is afraid of the possible jury in DC.

She wants the trial moved to west Texas.

Which is absurd. The crime happened in DC. That's where the trial should take place.

Texas Florist Who Admitted to Being in Pelosi's Office Wants Case Moved from D.C. Because of 'Cancel Culture'

Jenny Cudd wants a change of venue, asserting she cannot get a fair trial in the liberal-heavy Washington, D.C. because of "cancel culture" | Law & Crime

lawandcrime.com

Trials get moved because the defendant can't get a fair shake in a one place.

 

[Rigby5]

Moron, "another division of the district," is not in another state.

Wrong.
DC is not a state at all, and clearly a change of venue requires being out of the district entirely.
And yes, with a federal law being tried, any other state IS another division of the same district, because the district is the entirely country.
The whole point of a change of venue it to prevent local prejudice that would prevent a fair trial, and that is paramount over anything else.
If you allow local prejudice, then you have totally violated the constitution.

 

[Rigby5]

{...

28 U.S. Code § 1404 - Change of venue​

(a)
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
(b)
Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer.
(c)
A district court may order any civil action to be tried at any place within the division in which it is pending.
(d)
Transfers from a district court of the United States to the District Court of Guam, the District Court for the Northern Mariana Islands, or the District Court of the Virgin Islands shall not be permitted under this section. As otherwise used in this section, the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term “district” includes the territorial jurisdiction of each such court.
...}

A district or division is the scope of jurisdiction.
And for federal charges, that is the whole country.

 

[Dragonlady]

Since DC is a Democratic stronghold with almost all its residents either working for the government, or receiving money from the federal government, how is she going to get an impartial jury?

Since Texas is a Republican stronghold with all of its residents in thrall to Republican misinformation, progaganda and lies, how is the prosecution ever going to get an impartial jury?

If you don't want to be tried in the jurisdiction where you committed your crimes, stay the **** at home and don't try to overthrow the government. It was the citizens of Washington who were attacked and they should decide this asshat's fate.

Last but not least, why add to the costs of this case. The defendant is the only Texan here. The prosecutor, the witnesses, and everyone else involved, is from Washington. Why should the government fly all of these people to Texas, put them up in hotels and pay their expenses, just to convenience this criminal insurrectionist? Talk about your white privilege!!

 

[bendog]

I was stupid
I was drunk
I fell in with a bad crowd
I let my emotions get away from me
I thought President Trump was robbed
I thought President Trump approved
I was angry over (antifa, Portland, Wis, Minn, testing positive for Gonorrhea ......)
PLUS
I'M SO SORRY. I apoloigize to the Court, Obama, President Biden, my family, my neighbors, my former boss, my creditors, the cops, the army, And anybody else anyone can think of .....
PLEASE LET ME GO

 

[BlindBoo]

I was stupid
I was drunk
I fell in with a bad crowd
I let my emotions get away from me
I thought President Trump was robbed
I thought President Trump approved
I was angry over (antifa, Portland, Wis, Minn, testing positive for Gonorrhea ......)
PLUS
I'M SO SORRY. I apoloigize to the Court, Obama, President Biden, my family, my neighbors, my former boss, my creditors, the cops, the army, And anybody else anyone can think of .....
PLEASE LET ME GO

 

[Papageorgio]

Would you people please read the US Constitution. The 6th amendment specifies that trials are to be held in the state and district of where the crime occurred. And the reason stemming from common law, where juries are both triers of fact, and purveyors of the common sense of the community.

Trials have been moved many times, I am not surprised you are ignorant on this subject.

It is not a common motion that the judge agrees to but it does happen.

FYI: The OJ Simpson trial had a change of venue.

Rule 21. Transfer for Trial

www.law.cornell.edu

Motion for Change of Venue | Federal Criminal Defense Attorneys

If your trial is being held somewhere that could conflict your right to a fair trial, your attorney may file a Motion for Change of Venue.

federalcriminallawcenter.com

 

[john doe 101]

Lock her up.

 

[john doe 101]

FYI: The OJ Simpson trial had a change of venue.

Half way across the country?

 

[Papageorgio]

Half way across the country?

I did not say that, I doubt it would get moved to far from DC. I doubt any of the cases would be moved because the riots were so well publicized.

I was responding to meaner gene who claimed directly to me that trials are never moved and it was in the US Constitution. Which is utter nonsense, would you not agree?

 

[john doe 101]

I did not say that, I doubt it would get moved to far from DC. I doubt any of the cases would be moved because the riots were so well publicized.

I was responding to meaner gene who claimed directly to me that trials are never moved and it was in the US Constitution. Which is utter nonsense, would you not agree?

Of course trials are moved. But this terrorist wanted her trial back in her home state, which you have to admit, is an exceptional request.

No matter the terrorist pleaded guilty and will be sentenced in March. Could get anywhere from 0 to 6 months but will probably get a few years probation.