{"id":15313,"date":"2015-01-04T07:01:19","date_gmt":"2015-01-04T12:01:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15313"},"modified":"2015-01-07T20:02:25","modified_gmt":"2015-01-08T01:02:25","slug":"ca1-denies-mandamus-to-stop-jury-selection-and-force-change-of-venue-in-boston-marathon-trial-images-of-house-to-house-searches-concerns-dissent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15313","title":{"rendered":"CA1 denies mandamus to stop jury selection and force change of venue in Boston Marathon trial; images of house-to-house searches concerns dissent"},"content":{"rendered":"<p>Mandamus to avoid start of trial and force a change of venue in the Boston Marathon bombing trial is denied on a 2-1 vote by First Circuit. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/14-2362P-01A.pdf\">In re Tsarnaev<\/a>, 14-2362 (1st Cir. January 3, 2015). The dissent is concerned about the effect on the venire of the widespread images of the house-to-house searches and the short time the court had to consider it:<\/p>\n<blockquote><p>Because of these difficulties, I am not in a position to intelligently opine as to whether the standard for mandamus relief has been satisfied. What I do know is that Tsarnaev&#8217;s argument that the entire city of Boston and its surrounding areas were victimized &#8212; as evidenced by the city&#8217;s virtual lockdown and the images of SWAT team members roaming the streets and knocking door to-door in Watertown &#8212; is compelling. At first glance, Tsarnaev makes a much stronger case for change of venue here than there was in Skilling, where a change of venue was found to be unwarranted, and McVeigh, where a change of venue was granted. <\/p><\/blockquote>\n<p>Jury selection starts tomorrow.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Mandamus to avoid start of trial and force a change of venue in the Boston Marathon bombing trial is denied on a 2-1 vote by First Circuit. In re Tsarnaev, 14-2362 (1st Cir. January 3, 2015). The dissent is concerned &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=15313\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-15313","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15313","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15313"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15313\/revisions"}],"predecessor-version":[{"id":15358,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15313\/revisions\/15358"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15313"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15313"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15313"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}