Quote:
Originally Posted by bunt_q
1. Federal Rule of Criminal Procedure 21(d), Time to File a Motion to Transfer. -
A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe.
Is it unusual for a motion to be made mid-trial, sure. But this isn't even the most extreme case possible and allowable under the rules, as the trial had just started. The fault really lies with the District Court for proceeding while a petition to the Court of Appeals was pending (assuming the Judge was aware).
2. Absolutely yes. First example that comes to mind - Timothy McVeigh. The District Court for Oklahoma transferred the case to Colorado for trial. Passions were too high in Oklahoma (understandably so) to seat an impartial jury there.
Why is sort of irrelevant. The law clearly contemplates cases when transfer might be necessary. Rule 21(a) - Upon the defendant's motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
I apologize for any typos, I'm on my phone.
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OK, I'm satisfied. I withdraw my complaint against the court concerning the Elizabeth Smart trial.
Thank you for taking the time to explain this to me.