State v. James
In State v. James, 767 P.2d 549 (Utah 1989), an interlocutory appeal, the Court reversed the trial court's denial of a change of venue and set forth four factors that trial courts should consider when determining whether a change of venue is warranted.
Those factors are:
(1) the standing of the victim and the accused in the community;
(2) the size of the community;
(3) the nature and gravity of the offense;
(4) the nature and extent of publicity." Id. at 552.
After setting forth those factors, the Court expressly recognized that James was "unlike any of the other cases coming before this Court where the trial court has denied a motion for a change of venue," because it came to us as an interlocutory appeal, before the case had been tried. Id. at 555.
The Court noted that this unique procedural posture provided us with the "opportunity to review the denial before any error committed would be prejudicial." Id.