A motion asking that the case be moved to another county is called a motion for change of venue. Thomas v. State, 290 Ga. 653 (2012); Ledford v. State, 289 Ga. 70 (2011). A defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue. The judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly. OCGA § 17-7-150 (a) (1) (A). Clements v. State, S23A0857 (December 19, 2023).
In a motion for a change of venue, the defendant must show that the setting of the trial would be inherently prejudicial or that the jury selection process showed actual prejudice to a degree that rendered a fair trial impossible
. Murrell v. State, 317 Ga. App. 310 (2012); Edmond v. State, 283 Ga. 507 (2008). Situations where pretrial publicity has rendered a trial setting inherently prejudicial are extremely rare. Walker v. State, 289 Ga. 845 (2011); Miller v. State, 275 Ga. 730 (2002). The publicity must contain information that was unduly extensive, factually incorrect, inflammatory or reflective of an atmosphere of hostility. Happoldt v. State, 267 Ga. 126 (1996); Gear v. State, 288 Ga. 500 (2011).
The judge has the discretion to grant a change of venue and its discretion will not be disturbed absent an abuse of that discretion. .” The decision to grant or deny a motion for change of venue will not be disturbed absent an abuse of discretion. Moss v. State, 305 Ga. 878, 881 (2) (828 SE2d 309) (2019) (quoting Heidt v. State, 292 Ga. 343, 348 (4) (736 SE2d 384) (2013)). Clements v. State, S23A0857 (December 19, 2023).