State v. Longoria

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 108,333 STATE OF KANSAS, Appellee, v. ADAM J. LONGORIA, Appellant. SYLLABUS BY THE COURT 1. A constitutional claim that pretrial publicity requires a change of venue can arise in two contexts: presumed prejudice and actual prejudice. 2. Courts should presume prejudice requiring a change of venue, even before voir dire, when pretrial publicity is so pervasive and prejudicial that a court cannot expect to find an unbiased jury pool in the community. 3. In evaluating a claim that presumed prejudice requires a change of venue, a court reviews the…