State v. Robinson

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 90,196 STATE OF KANSAS, Appellee/Cross-appellant, v. JOHN E. ROBINSON, SR., Appellant/Cross-appellee. SYLLABUS BY THE COURT 1. A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven factors: (1) media…