Barzee State Court Docket
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8/18/2019 Barzee State Court Docket
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3RD DISTRICT COURT - SALT LAKE
SALT LAKE COUNTY, STATE OF UTAH
PEALED: CASE #20060627
STATE OF UTAH vs. WANDA EILEEN BARZEE
SE NUMBER 031901886 State Felony
______________________________________________________________________________
Defendants BRIAN DAVID MITCHELL, WANDA EILEEN BARZEE, are
linked.
ARGES
Charge 1 - 76-5-302 - AGGRAVATED KIDNAPPING 2nd Degree Felony
Offense Date: June 05, 2002
Plea: February 08, 2010 Guilty-Mentally Ill
Disposition: February 08, 2010 Guilty - Mental Ill
RRENT ASSIGNED JUDGE
VERNICE TREASE
RTIES
Defendant - WANDA EILEEN BARZEE
Represented by: DAVID V FINLAYSON
Represented by: SCOTT C WILLIAMS
Plaintiff - STATE OF UTAH
Represented by: DAVID E YOCOM
Represented by: B KENT MORGAN
Represented by: CLARK A HARMSRepresented by: JEFFREY W HALL
Represented by: ALICIA H COOK
Other Party - ELIZABETH SMART
Represented by: GREGORY G SKORDAS
Represented by: JACK M MORGAN JR
Other Party - JEFFREY J HUNT
Other Party - MICHAEL PATRICK O'BRIEN
FENDANT INFORMATION
Defendant Name: WANDA EILEEN BARZEE
Offense tracking number: 13821582
Date of Birth: November 06, 1945
Jail Booking Number: 0306693
Law Enforcement Agency: SALT LAKE CITY PD
LEA Case Number: 02-96734
Prosecuting Agency: SALT LAKE COUNTY
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Agency Case Number: 03005553
Sheriff Office Number: 0270457
COUNT SUMMARY
TOTAL REVENUE Amount Due: 1,654.25
Amount Paid: 1,654.25
Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 2.75
Amount Paid: 2.75
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: VIDEO TAPE COPY
Amount Due: 15.00
Amount Paid: 15.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 1.50
Amount Paid: 1.50
Amount Credit: 0.00
Balance: 0.00REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 25.00
Amount Paid: 25.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 35.00
Amount Paid: 35.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 332.50
Amount Paid: 332.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Amount Due: 47.50
Amount Paid: 47.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 27.00
Amount Paid: 27.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 96.00
Amount Paid: 96.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 96.00
Amount Paid: 96.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 113.00
Amount Paid: 113.00
Amount Credit: 0.00Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 419.00
Amount Paid: 419.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 419.00
Amount Paid: 419.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: TELEPHONE/FAX/EMAIL
Amount Due: 5.00
Amount Paid: 5.00
Amount Credit: 0.00
Balance: 0.00
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
SE NOTE
DAO 03005553 ATTONREY GREG SKORDAS TO BE SENT NOTICES OF
HEARINGS
OCEEDINGS
-29-85 **** SEALED **** Filed: Custody Evaluation
-29-85 **** SEALED **** Filed: City Counseling Clinic - Custody
-29-85 **** SEALED **** Filed: Letter - Custody
-29-85 Filed: Custody Evaluation
-29-85 **** SEALED **** Filed: Custody Evaluation
-29-85 **** SEALED **** Filed: Custody Evaluation
-05-03 Filed: Media request for still photography in courtroom
-18-03 Case filed-18-03 Filed: From an Information
-18-03 Judge MICHAEL K BURTON assigned.
-18-03 Notice - WARRANT for Case 031901886 ID 5548730
-18-03 Warrant ordered on: March 18, 2003 Warrant Num: 981100339 Bail
Allowed
Bail amount: 10000000.00
-18-03 Warrant issued on: March 18, 2003 Warrant Num: 981100339 Bail
Allowed
Bail amount: 10000000.00
Judge: TYRONE E MEDLEY
Issue reason: Based on the probable cause statement.
-18-03 Note: CASE FILED BY DET. SHARMAN OF SLC POLICE DEFT IN JAIL
WARRANT ACTIVE
-18-03 INITIAL APPEARANCE scheduled on March 19, 2003 at 09:00 AM with
Judge ARR.
-18-03 Filed: Information
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-18-03 Filed: Warrant of arrest
-19-03 Minute Entry - Minutes for Appointment of Counsel
Judge: TYRONE E MEDLEY
PRESENT
Clerk: tinaa
Prosecutor: HARMS, CLARK A.
Defendant
Video
Tape Number: 9.22
INITIAL APPEARANCE
Advised of charges and penalties.
APPOINTMENT OF COUNSEL
Court finds the defendant indigent and appoints Legal Defender
Office to represent the defendant.
Appointed Counsel:
Name: Legal Defender OfficeCity:
Phone:
Affidavit of indigency is to be submitted by the defendant
Conflict counsel may be assigned. Only Counsel of record and LDA
staff may visit with defendant. Defendant is order to not have
any contact with victim, victims family and witnesses. Waiver of
10 day rule is stated.
ROLL CALL is scheduled.
Date: 04/01/2003
Time: 02:00 p.m.
Location: To Be Determined
Third District Court
450 South State
Salt Lake City, UT 84111
Before Judge: JOSEPH C. FRATTO
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-19-03 ROLL CALL scheduled on April 01, 2003 at 02:00 PM with Judge
FRATTO.
-19-03 Note: INITIAL APPEARANCE minutes modified.
-19-03 Note: FILED: Affidavit of Indigency - Judge Medley signed and
appointed LDA to represent defendant in this case.
-19-03 Filed: Affidavit of Indigency
-19-03 Filed order: Order
Judge TYRONE E MEDLEY
Signed March 19, 2003
-19-03 Filed order: Order
Judge TYRONE E MEDLEY
Signed March 19, 2003
-19-03 Note: Bail remain $10,000,000.00
-19-03 Warrant recalled on: March 19, 2003 Warrant num: 981100339
Recall reason: Warrant recalled because defendant was
booked.
-20-03 Filed order: Order prohibiting non-attorney of record contacts
Judge TYRONE E MEDLEY
Signed March 20, 2003
-21-03 **** PROTECTED **** Filed: Affidavit of special agent Jeff R
-24-03 Filed: Motion to Withdraw as Court Appointed Counsel and Notice
of Next Court Appearance
-24-03 Filed: Motion to withdraw as Court appointed counsel and noticeof next court appearance
-25-03 Filed order: Order To Withdraw as Court Appointed Counsel
(David C Biggs withdrawn; Scott C Williamson and David V
Finlayson appointed)
Judge JOSEPH C FRATTO
Signed March 25, 2003
-25-03 Filed order: Order to withdraw as Court appointed Counsel
Judge JOSEPH C FRATTO
Signed March 25, 2003
-27-03 Filed: Appearance of Counsel
-27-03 Filed: Formal Request for Discovery Pursuant to Rule 16 of the
Rules of Criminal Procedure
-27-03 Filed: Appearance of counsel
-27-03 Filed: Formal Request for Discovery Pursuant to Rule 16 of the
Rules of Criminal Procedure
-27-03 Filed: Petition to inquire into competency of defendant
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-27-03 Filed: State's motion for an Order regarding further
dissemination of discovery
-27-03 Filed: FILED: PETITION TO INQUIRE INTO COMPETENCY OF
DEFENDANT.
-27-03 Filed: Motion TO COMPEL THE DEFDENDANT TO SUBMIT TO THE TAKING
OF HANDWRITINGS, BLOOD, AND OR/HAIR SAMPLES.
-27-03 Filed: STATES MOTION FOR AND ORDER REGARDING FURTHER
DISEMINATION OF DISCOVERY.
-31-03 Filed: STIPULATED MOTION TO CONTINUE HEARING
-31-03 Filed order: ORDER CONTINUING HEARING
Judge JOSEPH C FRATTO
Signed March 31, 2003
-31-03 ROLL CALL rescheduled on April 22, 2003 at 02:00 PM Reason:
Stipulation of parties.
-31-03 Filed: Stipulated Motion to continue hearing
-31-03 Filed order: Order
Judge JOSEPH C FRATTO
Signed March 31, 2003
-01-03 Filed order: Order regarding further dissenination of discovery
Judge JUDITH S ATHERTON
Signed April 01, 2003
-01-03 Filed order: Order compelling the production of blood and hair
samples and handwriting exemplarsJudge JUDITH S ATHERTON
Signed April 01, 2003
-01-03 Filed order: ORDER REGARDING FURTHER DISSEMINATION OF DISCOVERY
Judge JUDITH S ATHERTON
Signed April 01, 2003
-01-03 Filed order: ORDER COMPELLING THE PRODUCTION OF BLOOD AND HAIR
SAMPLES, AND HANDWRITING EXEMPLARS.
Judge JUDITH S ATHERTON
Signed April 01, 2003
-03-03 Note: Calendar Judge assignment changed from ROBIN W. REESE to
JUDITH S ATHERTON for appearance on 04/22/2003
-03-03 Note: ROLL CALL calendar modified.
-03-03 STATUS CONFERENCE scheduled on April 10, 2003 at 09:00 AM in
FOURTH FLOOR-S44 with Judge ATHERTON.
-03-03 Filed: Appearance of Counsel
-03-03 Filed: APPEARANCE OF COUNSEL - GREG SKORDAS, JACK M. MORGAN FOR
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
ELIZABETH SMART
-09-03 Filed: STIPULATION TO INQUIRE INTO COMPETENCY OF DEFENDANT
-09-03 Filed order: ORDER GRANTING PETITION FOR INQUIRY INTO
DEFENDANT'S COMPETENCY
Judge JUDITH S ATHERTON
Signed April 09, 2003
-09-03 Filed order: CASE ASSIGNMENT ORDER
Judge JUDITH S ATHERTON
Signed April 09, 2003
-09-03 Judge JUDITH S ATHERTON assigned.
-09-03 STATUS CONFERENCE Cancelled.
Reason: Counsel's request.
-09-03 Filed: Stipulation to inquire into competency of defendant
-09-03 Filed order: Order granting petition for inquiry into
defendant's competency
Judge JUDITH S ATHERTON
Signed April 09, 2003
-09-03 Filed order: Case assignment order
Judge JUDITH S ATHERTON
Signed April 09, 2003
-12-03 Filed: Motion for Order to stay all proceedings, to continue
presently scheduled hearing and objection for transportation of
defenant-21-03 Note: ROLL CALL calendar modified.
-21-03 Filed: MOTION FOR ORDER TO STAY ALL PROCEEDINGS, TO CONTINUE
PRESENTLY SCHEDULED HEARING and OBJECTION TO TRANSPORTATION OF
DEFENDANT - DENIED BY JUDGE
-22-03 Minute Entry - Minutes for Roll Call
Judge: JUDITH S ATHERTON
PRESENT
Clerk: lorip
Reporter: YOUNG, BRAD
Prosecutor: CLARK HARMS
KENT MORGAN
JEFF HALL
Other Attorneys: JACK M JR MORGAN
Defendant
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT WILLIAMS
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Video
HEARING
COMPETENCY EVALUATION HAS PREVIOUSLY BEEN STIPULATED TO. NANCY B.
COHN AND JEFFREY A. KOVNICK ARE TO BE EVALUATORS. ALL FURTHER
PROCEEDINGS ARE TO BE STAYED UNTIL EVALUATION IS COMPLETED.
COUNSEL WILL CONTACT COURT UPON COMPLETION FOR NEXT HEARING DATE.
STATE REPRESENTS THAT COURT FOUND REASONABLE GROUNDS FOR ORDERING
COMPETENCY EVALUATION.
-24-03 Filed order: **SEALED** ORDER FOR TRANSPORTATION OF PRISONER
Judge JUDITH S ATHERTON
Signed April 24, 2003
-24-03 **** SEALED **** Filed: Order for Transporation of Prison
-01-03 Filed order: PROTECTIVE ORDER REGARDING DISSEMINATION OF
DISCOVERY.
Judge JUDITH S ATHERTON
Signed May 01, 2003
-01-03 Filed order: Protective Order regarding dissemination of
discovery
Judge JUDITH S ATHERTON
Signed May 01, 2003-01-03 **** SEALED **** Filed: Order for Transportation of Priso
-12-03 **** SEALED **** Filed: Order for Transportation of Priso
-29-03 **** SEALED **** Filed: Order for Transportation of Priso
-24-03 **** SEALED **** Filed: Order for Transportation of Priso
-02-03 Fee Account created Total Due: 2.75
-02-03 COPY FEE Payment Received: 2.75
-17-03 **** PROTECTED **** Filed: Letter from Jeffrey A Kovnick, MD
-21-03 Filed: LETTER TO COURT FROM DR. KOVNICK
-12-03 **** SEALED **** Filed: Order for Transportation of Priso
-25-03 Filed order: ORDER REGARDING COMPETENCY EVALUATIONS
Judge JUDITH S ATHERTON
Signed August 25, 2003
-25-03 Filed order: Order regarding competency evaluations
Judge JUDITH S ATHERTON
Signed August 25, 2003
-08-03 **** SEALED **** Filed: Order Judge: jatherto Date: 09
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-11-03 **** SEALED **** Filed: Motion to Release Custody Evaluat
-12-03 **** SEALED **** Filed: Order to Release Custody Evalutio
-22-03 **** SEALED **** Filed: Competency Evaluation
-24-03 **** SEALED **** Filed: Competency Evaluation
-01-03 Notice - NOTICE for Case 031901886 ID 5740501
STATUS CONFERENCE is scheduled.
Date: 10/07/2003
Time: 09:00 a.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-01-03 STATUS CONFERENCE scheduled on October 07, 2003 at 09:00 AM in
FOURTH FLOOR-S44 with Judge ATHERTON.
-06-03 **** SEALED **** Filed: Motion for Order to Produce Docum
-07-03 Fee Account created Total Due: 15.00
-07-03 VIDEO TAPE COPY Payment Received: 15.00
-07-03 Minute Entry - Minutes for Law and Motion
Judge: JUDITH S ATHERTON
PRESENT
Clerk: lorip
Prosecutor: ALICIA H COOKJEFFREY W. HALL
CLARK A. HARMS
B. KENT MORGAN
Defendant not present
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
Video
Tape Number: VIDEO Tape Count: 9:03
HEARING
TAPE: VIDEO COUNT: 9:03
COMPETENCY EVALUATIONS ARE NOT COMPLETED ON DEFENDANT. COURT
ORDERS THEY BE SUBMITTED TO COURT BY DECEMBER 1, 2003.
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-10-03 **** SEALED **** Filed: Order (unsigned)
-16-03 **** SEALED **** Filed: Letter Dated 10/9/03 Re: Competen
-27-03 **** SEALED **** Filed: Motion for Order to Produce Docum
-28-03 **** SEALED **** Filed: Order Judge: jatherto Date: 10
-14-03 **** SEALED **** Filed: Competency Evaluation
-17-03 **** SEALED **** Filed: Motion to Compel State to Produce
-24-03 **** SEALED **** Filed: Competency Evaluation
-25-03 **** SEALED **** Filed: Memorandum in Opposition to Defen
-25-03 **** SEALED **** Filed: Request for Specific Findings in
-25-03 **** SEALED **** Filed: Competency Evaluation
-25-03 Filed: Competency Evalution from Jeffrey A. Kovnick, M.D.
(SEALED)
-25-03 Filed: Competency Evalution from Nancy B. Cohn Ph.D. (SEALED)
-26-03 **** SEALED **** Filed: Minutes in Chambers
-29-03 **** SEALED **** Filed: Competency Evaluation
-02-03 COMPETENCY HEARING scheduled on December 11, 2003 at 02:00 PM
in FOURTH FLOOR-S44 with Judge ATHERTON.
-11-03 Filed: Motion for competency hearing
-11-03 Filed: MOTION FOR COMPETENCY HEARING PURSUANT TO U.C.A. SECTION
77-15-5(9)
-11-03 Minute Entry - Minutes for Competency Hearing
Judge: JUDITH S ATHERTON
PRESENTClerk: lorip
Reporter: YOUNG, BRAD
Prosecutor: ALICIA H COOK
JEFFREY W. HALL
CLARK A. HARMS
B. KENT MORGAN
Other Attorneys: JACK M JR MORGAN
Defendant
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
Video
HEARING
DEFENSE MOTIONS COURT FOR EVIDENTIARY HEARING PURSUANT TO U.C.A.
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
SECTION 77-15-5(9).
COURT GRANTS MOTION. EVIDENTIARY HEARING IS SCHEDULED.
EVIDENTIARY HEARING is scheduled.
Date: 01/09/2004
Time: 09:00 a.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-11-03 EVIDENTIARY HEARING scheduled on January 09, 2004 at 09:00 AM
in FOURTH FLOOR-S44 with Judge ATHERTON.
-15-03 Filed: MEMORANDUM IN SUPPORT OF PETITION FOR LIIMITED
INTERVENTION AND MOTION FOR PUBLIC ACCESS TO COMPETENCY HEARING
-15-03 Filed: NOTICE OF APPEARANCE AND REQUEST FOR NOTICE OF MOTIONS
TO CLOSE OR SEAL JUDICIAL PROCEEDINGS OR RECORDS
-15-03 Filed: MOTION FOR LIMITED INTERVENTION OF DESERET NEWS
PUBLISHING COMPANY, PUBLISHER OF THE DESERET MORNING NEWS,
BONNEVILLE INTERNATIONAL CORPORATION d/b/a KSL-TV AND THE UTAH
HEADLINERS CHAPTER OF THE SOCIETY OF PROFESSIONAL JOURNALISTS
-15-03 Filed: PETITION FOR LIMITED INTERVENTION AND MOTION FOR PUBLIC
ACCESS TO COMPETENCY HEARING
-15-03 Filed: REQUEST FOR EXPEDITED HEARING AND RULING ON PETITION FORLIMITED INTERVENTION AND MOTION FOR PUBLIC ACCESS TO COMPETENCY
HEARING
-15-03 Filed: Memorandum in support of petition for limited
intervention and motion for public access to competency hearing
-15-03 Filed: Notice of appearance and request for notice of motions
to close or seal judicial proceedings or recordings
-15-03 Filed: Motion for limited intervention of Deseret News
Publishing Company, publisher of the Deseret Morning News,
Bonneville International Corporation
Filed by: HUNT, JEFFREY J
-15-03 Filed: Petition for limited intervention and motion for public
access to competency hearing
-15-03 Filed: Request for expedited hearing and ruling on petition for
limited intervention and motion for public access to competency
hearing
-15-03 Filed order: Order granting motion for limited intervention of
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Deseret News Publishing Company, publishe of the Deseret
Morning News, Bonneville International Corporation dba KSLTV
and the Utah Headliners Chapter of the Society of Professional
Journalis
Judge JUDITH S ATHERTON
Signed December 16, 2003
-16-03 Fee Account created Total Due: 1.50
-16-03 COPY FEE Payment Received: 1.50
-16-03 Filed: MOTION FOR COMPETENCY HEARING PURSUANT TO U.C.A. SECTION
77-15-5(9)
-16-03 Filed: Motion for competency hearing
Filed by: FINLAYSON, DAVID V,
-16-03 Filed order: ORDER GRANTING MOTION FOR LIMITED INTERVENTION
Judge JUDITH S ATHERTON
Signed December 16, 2003
-18-03 Notice - NOTICE for Case 031901886 ID 5812279
MT/PUBLIC ACCESS TO HEARING is scheduled.
Date: 01/05/2004
Time: 02:00 p.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860Before Judge: JUDITH S ATHERTON
-18-03 MT/PUBLIC ACCESS TO HEARING scheduled on January 05, 2004 at
01:30 PM in FOURTH FLOOR-S44 with Judge ATHERTON.
-18-03 Notice - NOTICE for Case 031901886 ID 5812397
MT/PUBLIC ACCESS TO HEARING.
Date: 1/5/2004
Time: 01:30 p.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
The reason for the change is Correct Calendar
-18-03 Note: MT/PUBLIC ACCESS TO HEARING calendar modified.
-18-03 Filed: OBJECTION OF DESERET NEWS PUBLISHING CO., PUBLISHER OF
THE DESERET MORNING NEWS, BONNEVILLE INTERNATIONAL CORP. d/b/a
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______________________________________________________________________________
KSL-TV AND THE UTAH HEADLINERS CHAPTER OF THE SOCIETY OF
PROFESSIONAL JOURNALISTS TO CLOSURE OF COMPETENCY HEARING
-18-03 Filed: Objection of Deseret News Publishing Company, publisher
of the Deseret Morning News, Bonnelville International
Corporation dba KSLTV and the Utah Headliners chapter of the
society of professional journalists to closure of competency
hearing
-18-03 Filed: SECOND HALF OF Objection
-23-03 Filed order: ORDER GRANTING MOTION FOR LIMITED INTERVENTION OF
DESERET NEWS PUBLISHING COMPANY
Judge JUDITH S ATHERTON
Signed December 16, 2003
-30-03 Filed: Response to Motions for limited intervention
-30-03 Filed: Reply Memorandum in support of petition for limited
intervention and Motion for public access to competency hearing
-02-04 Filed: REPLY MEMORANDUM IN SUPPORT OF PETITION FOR LIMITED
INTERVENTION AND MOTION FOR PUBLIC ACCESS TO COMPETENCY HEARING
-02-04 Filed: Reply Memorandum in support of petition for limited
intervention and Motion for public access to competency hearing
-02-04 Filed: MEMORANDUM
-05-04 Filed: Transcript of competency review hearing dated 12-11-03,
Brad Young, Court Reporter
-05-04 Filed: Memorandum-05-04 Minute Entry - Minutes for Law and Motion
Judge: JUDITH S ATHERTON
PRESENT
Clerk: lorip
Reporter: WARNICK, SUZANNE
Prosecutor: ALICIA H COOK
JEFFREY W HALL
CLARK A HARMS
B KENT MORGAN
DAVID E YOCOM
Defendant not present
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
Video
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Prosecutor: ALICIA H COOK
CLARK A HARMS
JEFFREY W HALL
B KENT MORGAN
Other Attorneys: GREGORY SKORDAS
Defendant
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
Video
HEARING
DEFENDANT WAIVES RIGHT TO COMPETENCY HEARING. SHE WAIVES THE
RIGHT TO CONFRONT EVALUATORS.
SCOTT WILLIAMS PROFFERS TESTIMONY IN BEHALF OF DEFENDANT.
COURT ADDRESSES EVALUATIONS. COURT FINDS THAT DEFENDANT SUFFERS
FROM MENTAL ILLNESS AND IS THEREFORE, NOT COMPETENT TO PROCEED AT
THIS POINT.
COURT ORDERS THAT DEFENDANT BE RELEASED TO THE DIRECTOR OF
DEPARTMENT OF HUMAN SERVICES FOR TRANSPORT TO UTAH STATE HOSPITAL
IN AN EFFORT TO RESTORE DEFENDANT TO COMPETENCY.
COMPETENCY REVIEW IS SCHEDULED IN 90 DAYS.COUNSEL TO SUBMIT STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND ORDER TO COURT.
COUNSEL TO ALSO SUBMIT ORDER OF TRANSPORTATION TO UTAH STATE
HOSPITAL.
COMPETENCY REVIEW is scheduled.
Date: 04/15/2004
Time: 09:00 a.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-09-04 Note: LAW AND MOTION minutes modified.
-09-04 Filed: Signed minutes competency hearing notice
-20-04 Fee Account created Total Due: 25.00
-20-04 REPORTER FEES Payment Received: 25.00
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
Note: REPORTER FEES
-20-04 Filed: Transcript of Motion by Intervenors for Public Access to
Competency Hearings dated 1-5-04, Suzanne Warnick, Court
Reporter
-30-04 Filed: ORDER/MEDIA REFERRED TO JUDGE.
-30-04 Filed order: ORDER GRANTING NEWS MEDIA PETITION FOR LIMITED
INTERVENTION AND SETTING SCHEDULE FOR CLOSURE HEARING.
Judge JUDITH S ATHERTON
Signed January 30, 2004
-30-04 **** PRIVATE **** Filed: Letter from Counsel
-30-04 Filed order: Order granting news media petition for limited
intervention and setting schedule for closure hearing
Judge JUDITH S ATHERTON
Signed January 30, 2004
-04-04 Filed order: Order Regarding Defendant's Current Competency to
Proceed
Judge JUDITH S ATHERTON
Signed February 04, 2004
-04-04 Filed order: Findings of Fact and Conclusions of Law Regarding
Defendant's Current Competence to Proceed
Judge JUDITH S ATHERTON
Signed February 04, 2004
-04-04 Filed order: Order regarding defendant's current competence toproceed
Judge JUDITH S ATHERTON
Signed February 04, 2004
-04-04 Filed: Findings of Fact and Conclusions of Law regarding
defendant's current competence to proceed
-13-04 Fee Account created Total Due: 35.00
-13-04 REPORTER FEES Payment Received: 35.00
Note: REPORTER FEES
-23-04 **** SEALED **** Filed: Order for Transportation of Priso
-07-04 Filed: MOTION TO CONTINUE HEARING - REFERRED TO
JUDGE/STIPULATED MOTION.
-07-04 Filed: MOTION TO JOIN IN OBJECTION TO COURT ORDER GRANTING NEWS
MEDIA PETITION FOR LIMITED INTERVENTION FILED BY CO-DEFENDANT
BRIAN DAVID MITCHELL
-07-04 Filed: Motion to continue hearing
-07-04 Filed: Motion to join in objection to Court Order granting news
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media petition for limited intervention filed by co-defendant
Brian David Mitchell
-08-04 Filed order: ORDER TO CONTUE WITHOUT DATE
Judge JUDITH S ATHERTON
Signed April 08, 2004
-08-04 Filed order: Order
Judge JUDITH S ATHERTON
Signed April 08, 2004
-12-04 MOTION FOR CONTIN. ON COM.HR scheduled on April 15, 2004 at
09:00 AM in FOURTH FLOOR-S44 with Judge ATHERTON.
-12-04 COMPETENCY REVIEW Cancelled.
-13-04 Filed: Transcript of motion to continue hearing dated 1-22-04,
Ed Midgley, Court Reporter
-15-04 COMPETENCY HEARING scheduled on June 28, 2004 at 02:00 PM in
FOURTH FLOOR-S44 with Judge ATHERTON.
-15-04 Minute Entry - Minutes for MOTION TO CONTINUE COMPENTEN
Judge: JUDITH S ATHERTON
PRESENT
Clerk: melanieb
Prosecutor: HARMS, CLARK A
Defendant not present
Defendant's Attorney(s): WILLIAMS, SCOTT C
Video
Tape Number: VIDEO Tape Count: 9.50
HEARING
TAPE: VIDEO COUNT: 9.50
PROSECUTOR MR. HARMS ADDRESSES THE COURT IN THE MATTER OF
CONTINUING COMPETENCY HEARING. DEF WAS TRANSPORTED TO THE STATE
MENTAL HOSPITAL ON 3-24-04. IN COMPLYING WITH STATE MANDATE, 90
DAYS FOR COMPENTENCY
COUNT: 955
EVALUATION IS MANDATED BY STATE STATUE. THE 90 DAYS WILL BE UP BY
6-24-04, CONTACT AT FORENSICS UNIT HAS REPORTED EVALUATION SHOULD
BE COMPLETED AT THAT TIME.
DEFENSE ATTORNEY CONFIRMS THE INFORMATION. COMPENTENCY HEARING IS
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SCHEDULED.
COMPETENCY HEARING is scheduled.
Date: 06/28/2004
Time: 02:00 p.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-22-04 **** SEALED **** Filed: Competency Evaluation
-22-04 **** SEALED **** Filed: Competency Evaluation
-22-04 **** SEALED **** Filed: Competency Evaluation
-22-04 Filed: Compentency Evaluation from Gerald Berge (SEALED)
-23-04 Filed: Transportation Order
-28-04 Minute Entry - Minutes for Competency Hearing
Judge: JUDITH S ATHERTON
PRESENT
Clerk: lorip
Reporter: EDWARDS, JODY
Prosecutor: JEFFREY W HALL
CLARK A HARMS
Other Attorneys: GREGORY SKORDAS
DefendantDefendant's Attorney(s): DAVID V. FINLAYSON
SCOTT C WILLIAMS
Video
HEARING
EVIDENTIARY HEARING IS SCHEDULED. COURT ORDER OF DEFENDANT NOT
COMPETENT TO STAND TRIAL IS STILL IN EFFECT.
EVIDENTIARY HEARING is scheduled.
Date: 08/10/2004
Time: 02:00 p.m.
Location: Fourth Floor - S44
Third District Court
450 South State
SLC, UT 84114-1860
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-10-04 **** SEALED **** Filed: Affidavit of Xavier Amador
-10-04 Minute Entry - Minutes for Law and Motion
Judge: JUDITH S ATHERTON
PRESENT
Clerk: lorip
Reporter: EDWARDS, JODY
Prosecutor: JEFFREY W HALL
CLARK A HARMS
B KENT MORGAN
Other Attorneys: GREGORY SKORDAS
Defendant
Defendant's Attorney(s): DAVID V. FINLAYSON
SCOTT C WILLIAMS
Video
HEARING
DEFENDANT TRANSPORTED FROM UTAH STATE HOSPITAL.
STATE CALLS DR. GERALD BERGE - SWORN AND TESTIFIES.
STATE'S EXHIBIT #1 IS ADMITTED.
CROSS EXAMINATION.
REDIRECT.RECROSS.
REDIRECT.
RECROSS.
FOLLOWING ACCESSMENT IS MADE BY THE COURT.
DEFENDANT IS NOT CURRENTLY COMPETENT TO STAND TRIAL, BUT MAY
BECOME COMPETENT IN THE FORSEEABLE FUTURE.
CLOSING STATEMENTS BY STATE.
CLOSING STATEMENTS BY DEFENSE.
MR. MORGAN WILL PREPARE ORDER AND SUBMIT TO THE COURT.
DEFENDANT WILL BE RECOMMITTED TO THE STATE HOSPITAL FOR ONE YEAR
PERIOD. REVIEW WILL BE SCHEDULED.
COMPETENCY REVIEW is scheduled.
Date: 08/10/2005
Time: 09:00 a.m.
Location: Fourth Floor - S44
Third District Court
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450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-10-04 Filed: Signed minutes Law and Motion
-12-04 COMPETENCY REVIEW scheduled on August 10, 2005 at 09:00 AM in
FOURTH FLOOR-S45 with Judge ATHERTON.
-18-04 Filed: Transcript of Pretrial Conference dated 8-10-04, Jody
Edwards, Court Reporter
-20-04 Fee Account created Total Due: 332.50
-20-04 REPORTER FEES Payment Received: 332.50
Note: REPORTER FEES
-05-04 Filed: COVER LETTER TO COURT FROM B. KENT MORGAN.
-27-04 Fee Account created Total Due: 47.50
-27-04 REPORTER FEES Payment Received: 47.50
Note: REPORTER FEES
-04-05 Filed: Findings of Fact and Conclusions of Law
-04-05 Filed order: Order Regarding Defendant's Probability of
Restoration to Competency to Proceed.
Judge JUDITH S ATHERTON
Signed February 04, 2005
-04-05 Filed: Findings of Fact/Conclusions of Law
Judge JUDITH S ATHERTON
Signed February 04, 2005-04-05 Filed order: Order regarding defendant's probability of
restoration to competency to proceed
Judge JUDITH S ATHERTON
Signed February 04, 2005
-07-05 Filed: MOTION FOR MEDICATION HEARING.
-07-05 Filed: Motion for medication hearing
-07-05 Filed: Memorandum in support of medication hearing
-16-05 Filed: AMENDED MAILING CERTIFICATE
-16-05 Filed: Amended mailing certificate
-14-05 Filed: Faxed copy of discovery request
-24-05 Filed: DEFENDANT'S RESPONSE TO MOTION FOR MEDICATION HEARING
-24-05 Filed: Defendant's response to Motion for medication hearing
-05-05 Filed: REPLY TO DEFENDANT'S RESPONSE TO MOTION FOR MEDICATION
HEARING AND MOTION FOR HEARING/
-05-05 Filed: Reply to defendant's response to Motion for medication
hearing and Motion for Hearing
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-22-05 Note: COMPETENCY REVIEW calendar modified.
-30-05 Filed: Transport Order faxed to the Utah State Hospital.
-30-05 Filed: Transportation Order
-01-05 Filed: Notice to Submit for Decision (Motion Requesting a Sell
Hearing) (Court takes no action at this time and will address
it at the hearing on 8/10/05)
-01-05 Filed: Notice to submit for decision
-01-05 Filed: UNSIGNED Notice of hearing
-10-05 **** SEALED **** Filed: Competence Evaluation
-10-05 Filed: Competency Evaluation from Eric Nielsen (SEALED)
-10-05 Minute Entry - Minutes for Competency Hearing
Judge: JUDITH S ATHERTON
PRESENT
Clerk: sunshinb
Reporter: WARNICK, SUZANNE
Prosecutor: ALICIA H COOK
JEFFREY W HALL
B. KENT MORGAN
Defendant
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
VideoTape Count: 9:06
HEARING
COUNT: 9:06
This matter is before the Court for a Competency Review Hearing.
Defense Counsel waives the defendants appearance at this hearing.
Case set for a 1/2 day Evidentiary Hearing.
1/2 DAY EVIDENTIARY HEARING is scheduled.
Date: 09/16/2005
Time: 09:00 a.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
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-10-05 1/2 DAY EVIDENTIARY HEARING scheduled on September 16, 2005 at
09:00 AM in FOURTH FLOOR-S45 with Judge ATHERTON.
-10-05 Filed order: Order of Transport (Faxed to Transportation)
Judge JUDITH S ATHERTON
Signed August 10, 2005
-10-05 Filed: Order of Transport
-08-05 **** SEALED **** Filed: Competency Evaluation
-16-05 Minute Entry - Minutes for COMPETENCY REVIEW
Judge: JUDITH S ATHERTON
PRESENT
Clerk: sunshinb
Reporter: WARNICK, SUZANNE
Prosecutor: ALICIA H COOK
CLARK A HARMS
B. KENT MORGAN
Defendant
Defendant's Attorney(s): SCOTT C WILLIAMS
DAVID V FINLAYSON
Video
Tape Count: 9:18
HEARING
COUNT: 9:18
Defendant transported from the Utah State Hospital. This matter
is before the Court for a Competency Review. 9:30 Dr. Eric Nielsen
is sworn and testifies. Cross-examination.
Court finds that based on current reports Ms. Barzee is still
incompetent to proceed and will stay at the Utah State Hospital.
Case set for a Telephone Conference and Defense counsel waives the
defendant's presence at this hearing.
TELEPHONE CONFERENCE is scheduled.
Date: 10/17/2005
Time: 01:00 p.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
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Before Judge: JUDITH S ATHERTON
-16-05 TELEPHONE CONFERENCE scheduled on October 17, 2005 at 01:00 PM
in FOURTH FLOOR-S45 with Judge ATHERTON.
-23-05 Filed: Transcript, original, Review Hearing/Progress of
September 16, 2005; 46 pages plus word index; Suzanne Warnick,
Official Court Reporter.
-14-05 Filed: Motion for Medication Hearing and for forced Medication.
-14-05 Filed: Motion for medication hearing and for forced medication
-17-05 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: JUDITH S ATHERTON
PRESENT
Clerk: sunshinb
Prosecutor: HARMS, CLARK A
Defendant
Defendant's Attorney(s): FINLAYSON, DAVID V
Video
Tape Count: 1:07
HEARING
COUNT: 1:07
This matter is before the Court for a Telephone Conference toSchedule a Hearing. Case continued to the following date:
1 DAY MEDICATION HEARING is scheduled.
Date: 02/16/2006
Time: 09:00 a.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S ATHERTON
-17-05 1 DAY MEDICATION HEARING scheduled on February 16, 2006 at
09:00 AM in FOURTH FLOOR-S45 with Judge ATHERTON.
-21-05 Fee Account created Total Due: 27.00
-21-05 REPORTER FEES Payment Received: 27.00
Note: REPORTER FEES
-21-05 Fee Account created Total Due: 96.00
-21-05 REPORTER FEES Payment Received: 96.00
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Note: REPORTER FEES
-25-05 Filed: Motion to withdraw motion for Medication
Hearing/referred to JSA
-25-05 Filed order: Order withdrawing Utah State Hospital's Motion for
Medication Hearing
Judge JUDITH S ATHERTON
Signed October 25, 2005
-25-05 Filed: Motion to withdraw Motion for Medication hearing
-25-05 Filed order: Order withdrawing Utah State Hospital's Motion for
Medication Hearing
Judge JUDITH S ATHERTON
Signed October 25, 2005
-23-05 Fee Account created Total Due: 96.00
-23-05 REPORTER FEES Payment Received: 96.00
Note: REPORTER FEES
-15-06 Filed order: Order of Transport (faxed)
Judge JUDITH S ATHERTON
Signed February 15, 2006
-15-06 Filed: Stipulation to Defendant's Motion to Secure an
Out-of-State Witness (Dr. Amador)
-15-06 Filed: Motion to Secure and Out-of-State Witness
-15-06 Filed: Affidavit in Support of Motion to Secure Attendance of
Out-of-State Witness-15-06 Filed order: Certificate of Judge Requesting State of Witness
(Judge Himonas signed for Judge Atherton)
Judge DENO HIMONAS
Signed February 14, 2006
-15-06 Filed order: Order to Secure and Out-of-State Witness (Judge
Himonas signed for Judge Atherton)
Judge DENO HIMONAS
Signed February 14, 2006
-15-06 Filed: Stipulation to Defendant's Motion to Secure as
Out-of-State Witness (Dr. Morris)
-15-06 Filed: Motion to Secure an Out-of-State Witness
-15-06 Filed: Affidavit in Support of Motion to Secure Attendance of
Out-of-State Witness
-15-06 Filed order: Certificate of Judge Requesting State for Witness
(Judge Himonas signed for Judge Atherton)
Judge DENO HIMONAS
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Signed February 14, 2006
-15-06 Filed order: Order to Secure an Out-of-State Witness (Judge
Himonas signed for Judge Atherton)
Judge DENO HIMONAS
Signed February 14, 2006
-15-06 Filed: State's Supplemental Memorandum in Support of Motion to
Compel Medication
-15-06 Filed order: Order to secure an out-of-state witness
Judge JUDITH S ATHERTON
Signed February 14, 2006
-15-06 Filed: Stipulation to defendant's Motion to secure an
out-of-state witness
-15-06 Filed: Motion to secure and out-of-state witness
-15-06 Filed: Affidavit in support of Motion to secure attendance of
out-of-state witness
-15-06 Filed: Certificate of Judge requesting State for witness
-15-06 Filed order: Order to secure and out-of-state witness
Judge JUDITH S ATHERTON
Signed February 14, 2006
-15-06 Filed: State's supplemental Memorandum in support of Motion to
compel medication
-15-06 Filed: Order of Transport
-15-06 Filed: Stipulation to defendant's Motion to secure anout-of-state witness
-15-06 Filed: Motion to secure an out-of-state witness
-15-06 Filed: Affidavit in support of Motion to secure attendance of
out-of-state witness
-15-06 Filed: Certificate of Judge requesting for witness
-16-06 Minute Entry - Minutes for MEDICATION HEARING
Judge: JUDITH S ATHERTON
PRESENT
Clerk: sunshinb
Reporter: YOUNG, BRAD
Prosecutor: ALICIA H COOK
CLARK A HARMS
B KENT MORGAN
Defendant
Defendant's Attorney(s): DAVID V FINLAYSON
SCOTT C WILLIAMS
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Video
Tape Count: 10:25
HEARING
COUNT: 10:25
Defendant transported from the Utah State Hospital. This matter
is before the Court on the State's Motion for an Order requiring
Medication. 10:32 Kreg Jeppson is sworn and testifies.
Cross-examination. Re-direct. Re-cross.
1:40 Paul D. Whitehead is sworn and testifies. Cross-examination.
Re-direct. State Rests. 3:09 Raphael Morris is sworn and
testifies. Cross-examination. Re-direct. 4:25 Xavier Amador is
sworn and testifies. Cross-examination. Defense Rests.
5:43 Rebuttal Witness for the State Paul D. Whitehead retakes the
stand, still under oath and testifies. Cross-examination.
Counsel's briefing is due on 4/14/06. The Court takes this matter
underadvisement.
-03-06 Filed: Transcript of Medication Hearing dated 2-16-06, Brad
Young, Court Reporter
-17-06 Fee Account created Total Due: 113.00
-17-06 REPORTER FEES Payment Received: 113.00Note: REPORTER FEES
-17-06 Fee Account created Total Due: 419.00
-17-06 REPORTER FEES Payment Received: 419.00
Note: REPORTER FEES
-17-06 Filed: Memoradum in opposition to State's Motion to compel
medication
-17-06 Filed: State's second supplemental Memorandum in support of
Motion to Compel medication
-17-06 Filed: Memorandum in Opposition to State's Motion to Compel
Medication
-17-06 Filed: State's Second Supplemental Memorandum in Support of
Motion to Compel Medication
-21-06 Filed order: Rulings on Motion to Compel Medication (State's
Motion to Compel is Granted) (see file for full decision)
Judge JUDITH S ATHERTON
Signed June 20, 2006
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-26-06 Fee Account created Total Due: 419.00
-26-06 REPORTER FEES Payment Received: 419.00
Note: REPORTER FEES
-13-06 Filed: Letter from Supreme Court - 20060627-sc - Petition for
Interlocutory Appeal filed 7-10-06
-13-06 Filed: Letter from the Supreme Court
-07-06 Filed order: Order to Stay Order Granting State's Motion to
Compel Medication
Judge JUDITH S ATHERTON
Signed August 07, 2006
-07-06 Filed order: Order to stay order granting State's Motion to
compel medication
Judge JUDITH S ATHERTON
Signed August 07, 2006
-20-06 Filed: Utah Supreme Court - Order - the Petition for Permission
to Appeal an Interlocutory Order is Granted - 20060627-SC
-20-06 Filed: Index
-20-06 Filed: Supreme Court Order
-21-06 Note: INDEXED
-21-06 Note: Cert/Copy of Record Index forwarded to Utah Supreme Court
- 20060627-SC
-21-06 Note: Record forwarded to Utah Supreme Court - Files-3, Tran-6
paginated - 20060627-SC-21-06 Filed: Clerk's certificate
-30-06 Note: Appealed: Case #20060627
-08-07 **** PRIVATE **** Filed: Affidavit of Kreg Jeppson
-08-07 **** PRIVATE **** Filed: Affidavit of Paul Whitehead
-17-07 Filed: Supreme Court of Utah-Opinion-Affirmed-20060627-SC
-17-07 Filed: Supreme Court Opinion
-23-08 Filed: Remittitur
-28-08 Filed: Supreme Court of Utah - Remittitur - Remittitur
received; record received: files-3, transcripts-6, exhibits-2
large envelopes; Affirmed. - 20060627-SC
-08-08 Filed order: Minute Entry (see file for full decision)
Judge JUDITH S ATHERTON
Signed February 08, 2008
-12-08 Filed: Motion to Stay Minute Entry Order Regarding Medication
Filed by: BARZEE, WANDA EILEEN
-06-08 Filed: Memorandum in Opposition to Defendant's Motion to Stay
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Minute Entry Order Regarding Medication
-06-08 Filed: Motion For Order Authorizing Utah State Hospital To
Disclose Information
Filed by: STATE OF UTAH,
-07-08 Filed order: Memorandum Decision - Defendant's Motion to Stay
Minute Entry Order Regarding Medication is Denied (see file for
full decision)
Judge JUDITH S ATHERTON
Signed March 07, 2008
-13-08 Filed: Supreme Court of Utah - Letter to Counsel - On March 11,
2008 a Petition for Extraordinary Writ was received by the
Supreme Court. The case number is 20080197-SC and should be
indicated on future filings. - 20080197-SC
-07-08 Filed: Supreme Court of Utah-Notice of Decision-Order-Petition
for Extraordinary Write is Denied-Motion to Recall Remittitur
is denied-Alternative Motion for a Stay of the Order for
medication is Granted pending resolution of the Petition for
Cert
-11-08 Filed: Minute Entry
-27-08 Filed: Letter From Utah State Hospital
-04-08 **** PRIVATE **** Filed: Utah State Hospital Progress Repo
-05-08 **** SEALED **** Filed: Utah State Hospital
-16-08 Filed: States Motion to Modify Order Regarding FurtherDissemination of Discovery
Filed by: STATE OF UTAH,
-25-08 **** SEALED **** Filed: Competency Evaluations-Mancy B Co
-25-08 **** SEALED **** Filed: Competence Report-Jeffrey A Kovni
-22-09 Notice - NOTICE for Case 031901886 ID 12428103
COMPETENCY REVIEW is scheduled.
Date: 10/23/2009
Time: 09:00 a.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S. ATHERTON
-22-09 COMPETENCY REVIEW scheduled on October 23, 2009 at 09:00 AM in
FOURTH FLOOR-S45 with Judge ATHERTON.
-22-09 Filed: Transportation Order
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-01-09 COMPETENCY REVIEW rescheduled on October 16, 2009 at 09:00 AM
Reason: ATD requested continuance..
-13-09 **** PRIVATE **** Filed: Competency Evaluation
-16-09 Filed: Transportation Order
-16-09 Minute Entry - Minutes for COMPETENCY REVIEW
Judge: JUDITH S. ATHERTON
PRESENT
Clerk: sunshinb
Prosecutor: COOK, ALICIA H
Defendant
Defendant's Attorney(s): WILLIAMS, SCOTT C
Video
Tape Number: S45 11:05:51 Tape Count: 11:10:00
HEARING
TAPE: S45 11:05:51 Defendant transported from the Utah State
Hospital. Defense counsel would like some time to talk with the
experts and review documentation, the State does not object. The
Court will toll the time of the running of the statute re:
competency issues.
Case continued to the following date:COMPETENCY REVIEW.
Date: 11/19/2009
Time: 09:00 a.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S. ATHERTON
-16-09 COMPETENCY REVIEW scheduled on November 19, 2009 at 09:00 AM in
FOURTH FLOOR-S45 with Judge ATHERTON.
-13-09 Filed: Motion to Continue (Stipulated)
Filed by: STATE OF UTAH,
-13-09 Filed order: Order of Continuance
Judge JUDITH S ATHERTON
Signed November 13, 2009
-13-09 COMPETENCY REVIEW rescheduled on January 06, 2010 at 09:00 AM
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Reason: Stipulation of counsel.
-19-09 Fee Account created Total Due: 5.00
-19-09 TELEPHONE/FAX/EMAIL Payment Received: 5.00
-05-10 Filed: Transportation order for 01/06/2010
-06-10 Minute Entry - COMPETENCY HEARING continued
Judge: JUDITH S. ATHERTON
PRESENT
Clerk: shantec
Prosecutor: COOK, ALICIA H
Defendant
Defendant's Attorney(s): WILLIAMS, SCOTT C
Video
Tape Number: S45-9.15.40 Tape Count: 9.19.30
CONTINUANCE
Whose Motion:
The Stipulation of counsel.
Parties are requesting additional time. Case continued to the
following date:
The motion is granted.
COMPETENCY REVIEW is scheduled.Date: 02/08/2010
Time: 09:00 a.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S. ATHERTON
-06-10 COMPETENCY REVIEW Continued.
Reason: Stipulation of counsel
-06-10 COMPETENCY REVIEW scheduled on February 08, 2010 at 09:00 AM in
FOURTH FLOOR-S45 with Judge ATHERTON.
-06-10 Filed: Transportation Order
-08-10 Filed: PSR Referral
-08-10 Filed order: Statment of defendant in advance of guilty plea
Judge JUDITH S ATHERTON
Signed February 08, 2010
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-08-10 Filed: Amended information
-08-10 Charge 76-5-302 Sev F1 was removed.
-08-10 Charge 1 Plea is Guilty-Mentally Ill
-08-10 Charge 76-5-302 Sev F2 was removed.
-08-10 Charge 76-5-405 Sev F1 was removed.
-08-10 Charge 76-5-405 Sev F1 was removed.
-08-10 Charge 76-6-203 Sev F1 was amended to 76-5-302 Sev F2
-08-10 Charge 76-6-203 Sev F1 was removed.
-08-10 SENTENCING scheduled on May 21, 2010 at 02:00 PM in FOURTH
FLOOR-S45 with Judge ATHERTON.
-08-10 Minute Entry - Minutes for Change of Plea
Judge: JUDITH S. ATHERTON
PRESENT
Clerk: jennifaj
Prosecutor: COOK, ALICIA H
Defendant
Defendant's Attorney(s): WILLIAMS, SCOTT C
Video
Tape Number: s45 Tape Count: 9:20-9:40
The Information is read.
Court advises defendant of rights and penalties.Defendant waives time for sentence.
A pre-sentence investigation was ordered.
The Judge orders Adult Probation & Parole to prepare a Pre-sentence
report.
Change of Plea Note
Defendant pleas guilty mentally ill to count one of the amended
information
Court finds defendant competent to proceed
SENTENCING is scheduled.
Date: 05/21/2010
Time: 02:00 p.m.
Location: Fourth Floor - S45
Third District Court
450 South State
SLC, UT 84114-1860
Before Judge: JUDITH S. ATHERTON
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
-08-10 Note: CHANGE OF PLEA minutes modified.
-08-10 Charge 1 Disposition is Guilty - Mental
-08-10 **** PRIVATE **** Filed: Competency Evaluation
-16-10 Filed order: Findings of Fact and Conclusions of Law and Order
Judge JUDITH S ATHERTON
Signed March 16, 2010
-11-10 **** PROTECTED **** Filed: PSR
-14-10 SENTENCING rescheduled on May 21, 2010 at 01:00 PM Reason:
Correct Calendar.
-17-10 Filed: Transportation Order
-18-10 Filed: Letter from Curtis Jackson- Forwarded to Judge- No
action
-20-10 **** PRIVATE **** Filed: State hospital update
-21-10 Fee Account created Total Due: 10.00
-21-10 AUDIO TAPE COPY Payment Received: 10.00
-21-10 Filed order: Order (regarding defendant's release on own
recognizance)
Judge JUDITH S ATHERTON
Signed May 21, 2010
-21-10 Minute Entry - Minutes for SENTENCE, JUDGMENT, COMMITME
Judge: JUDITH S. ATHERTON
PRESENT
Clerk: jennifajProsecutor: COOK, ALICIA H
Defendant
Defendant's Attorney(s): WILLIAMS, SCOTT C
Video
Tape Number: s45 Tape Count: 1:06-
SENTENCE PRISON
Based on the defendant's conviction of AGGRAVATED KIDNAPPING a 2nd
Degree Felony, the defendant is sentenced to an indeterminate term
of not less than one year nor more than fifteen years in the Utah
State Prison.
To the SALT LAKE County Sheriff: The defendant is remanded to your
custody for transportation to the Utah State Prison where the
defendant will be confined.
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SE NUMBER 031901886 State Felony
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SENTENCE PRISON CONCURRENT/CONSECUTIVE NOTE
Court orders term to run concurrent with federal sentence
-21-10 Note: SENTENCE, JUDGMENT, COMMITMENT minutes modified.
-21-10 Note: Audio request complete for ABC4
-22-10 Note: Audio Request for DA completed for change of Plea
-12-10 Filed: TRANSCRIPT for Hearing of 02-08-2010
-27-10 Filed: Transcripts of Electronic Recording; February 8, 2010;
Tamra J Berry, CSR/RPR
-17-10 Fee Account created Total Due: 10.00
-17-10 AUDIO TAPE COPY Payment Received: 10.00
Note: Mail Payment;
-02-13 Judge VERNICE TREASE assigned.
-09-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-13-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-16-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)-17-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-19-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-20-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-24-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-03-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-04-15 Note: Case information transmitted electronically to DPS for
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
inclusion on National Instant Criminal Background Check
System (NICS)
-07-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-11-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-16-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-17-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-18-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-28-15 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-06-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)-08-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-19-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-27-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-02-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-03-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-04-16 Note: Case information transmitted electronically to DPS for
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
inclusion on National Instant Criminal Background Check
System (NICS)
-05-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-08-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-09-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-10-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-11-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-16-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-17-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)-22-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-02-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-04-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-09-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-10-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-14-16 Note: Case information transmitted electronically to DPS for
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SE NUMBER 031901886 State Felony
______________________________________________________________________________
inclusion on National Instant Criminal Background Check
System (NICS)
-15-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-16-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-17-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-22-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-23-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)
-30-16 Note: Case information transmitted electronically to DPS for
inclusion on National Instant Criminal Background Check
System (NICS)