Lancaster Ex Rel. Estate of Davis v. Fielder

I respectfully dissent.

Under S.C. Code Ann. § 15-7-100(2) (1976), a trial judge may grant a change of venue “when there is reason to believe a fair and impartial trial cannot be had.” The standard to be applied is strict and the burden on the moving party formidable. Davenport v. Summer, 269 S.C. 382, 237 S.E. (2d) 494 (1977). The fact that inappropriate jurors were seated at the first trial which ended in mistrial is not dispositive of the issue whether an impartial trial is unavailable in Union County. Prospective jurors at a retrial could be screened on voir dire for disqualifying…