Tuesday, January 11, 2011

Hayes v. Ayers, No. 07-99014 (1-7-11) (Clifton with Bea; dissent by B. Fletcher).
What does it take to get a change of venue? More than extensive press coverage in a small county. The petitioner here was convicted of a double homicide during a drug deal. The press was extensive, with numerous stories and exposés about the petitioner's past. The 9th, however, found no actual or presumptive prejudice. The media was mostly before the jury was empaneled, and time had passed. The dissent would find a due process violation because of the inflammatory nature of the articles, the small size of the county, and the familiarity with the case of the jury panel. The dissent notes that four other homicide cases were moved because of publicity. As for the other issues, the 9th all found no hearsay or confrontation issues in the cross examination of the cooperating witness.


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