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11/21/2007 "See News Release 075 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

No. 07-K-0653 STATE OF LOUISIANA v. CLAY MONTZ, et al.

On Writ of Certiorari to the Fourth Circuit Court of Appeal

PER CURIAM: Granted. The judgment of the court of appeal is vacated and the ruling of the district court is reinstated. The trial court's ruling on a motion to change venue "is a question addressed to the court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985). We find no abuse of discretion or manifest error in the trial court's ruling. See State v. McKnight, 95-1486, p. 7 (La. App. 1st Cir. 12/15/95), 665 So.2d 768, 773 (reversing trial court's grant of motion to change venue; in the absence of a mock voir dire or an actual voir dire examination, defendant failed to show actual prejudice in the collective mind of the community on the basis of a survey conducted of 30 persons); rev'd 96-0176 (La. 4/19/96), 671 So.2d 933-34 (reinstating order changing venue; no manifest error or abuse of discretion apparent in trial court's ruling).



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