Clifton

Petitioner Jerry Lee Clifton is charged with murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). Petitioner Clarence Olien Johnson, Jr., is charged in a separate information with murder (Pen Code, § 187) and two counts of robbery (Pen. Code, § 211). After denial of their motions in the trial court, they seek mandate to compel change of venue from Humboldt County and suppression of evidence. Clifton also seeks an order permitting his attorney’s investigator to meet with him in the Humboldt County jail.

Petitioners contend that they cannot obtain a fair trial in Humboldt County because of prejudicial publicity. Maine v. Superior Court (1968) 68 Cal.2d 375, 383 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ], established the standard that “ ‘A motion for change of venue or continuance shall be granted whenever it is determined that because of the dissemination of potentially prejudicial material, there is a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. ... A showing of actual prejudice shall not be required.’ ” (Italics added.) In making that appraisal, an appellate court must make an independent evaluation of the facts. (Fain v. Superior…