Maine v. Superior Court
Supreme Court of California
438 P.2d 372 (1968)
Maine (defendant) and a codefendant were charged with murder in a small community that reacted with outrage to the crime; despite local police making reasonable efforts to limit public disclosure, a state official publicly announced that one defendant had confessed and blamed the other, and the local prosecutor and one defense attorney were simultaneously running against each other for a local judgeship. The trial court denied Maine's motion for a change of venue, and Maine sought a writ of mandamus from the state supreme court.
Whether a motion for change of venue should be granted, even absent a showing of actual prejudice, when disseminated information makes it likely the defendant cannot receive a fair trial.