barzee state court docket

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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______________________________________________________________________________

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


Amount Due: 332.50

Amount Paid: 332.50

Amount Credit: 0.00

Balance: 0.00


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______________________________________________________________________________

Amount Due: 47.50

Amount Paid: 47.50

Amount Credit: 0.00

Balance: 0.00


Amount Due: 27.00

Amount Paid: 27.00

Amount Credit: 0.00

Balance: 0.00


Amount Due: 96.00

Amount Paid: 96.00

Amount Credit: 0.00

Balance: 0.00


Amount Due: 96.00

Amount Paid: 96.00

Amount Credit: 0.00

Balance: 0.00


Amount Due: 113.00

Amount Paid: 113.00

Amount Credit: 0.00Balance: 0.00


Amount Due: 419.00

Amount Paid: 419.00

Amount Credit: 0.00

Balance: 0.00


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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______________________________________________________________________________

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



-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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______________________________________________________________________________

-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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______________________________________________________________________________

-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 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



-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


-25-03 Filed order: Order to withdraw as Court appointed Counsel



-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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______________________________________________________________________________

-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



-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




-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


-01-03 Filed order: ORDER REGARDING FURTHER DISSEMINATION OF DISCOVERY



-01-03 Filed order: ORDER COMPELLING THE PRODUCTION OF BLOOD AND HAIR

SAMPLES, AND HANDWRITING EXEMPLARS.



-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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______________________________________________________________________________

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



-09-03 Filed order: CASE ASSIGNMENT ORDER



-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



-09-03 Filed order: Case assignment order



-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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______________________________________________________________________________

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



-24-03 **** SEALED **** Filed: Order for Transporation of Prison

-01-03 Filed order: PROTECTIVE ORDER REGARDING DISSEMINATION OF

DISCOVERY.


Signed May 01, 2003

-01-03 Filed order: Protective Order regarding dissemination of

discovery


Signed May 01, 2003-01-03 **** SEALED **** Filed: Order for Transportation of Priso

-12-03 **** 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


-25-03 Filed order: ORDER REGARDING COMPETENCY EVALUATIONS


Signed August 25, 2003

-25-03 Filed order: Order regarding competency evaluations



-08-03 **** SEALED **** Filed: Order Judge: jatherto Date: 09

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______________________________________________________________________________

-11-03 **** SEALED **** Filed: Motion to Release Custody Evaluat

-12-03 **** SEALED **** Filed: Order to Release Custody Evalutio

-22-03 **** 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


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


-06-03 **** SEALED **** Filed: Motion for Order to Produce Docum


-07-03 VIDEO TAPE COPY Payment Received: 15.00

-07-03 Minute Entry - Minutes for Law and Motion


PRESENT

Clerk: lorip

Prosecutor: ALICIA H COOKJEFFREY W. HALL

CLARK A. HARMS

B. KENT MORGAN

Defendant not present


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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______________________________________________________________________________

-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


-17-03 **** SEALED **** Filed: Motion to Compel State to Produce


-25-03 **** SEALED **** Filed: Memorandum in Opposition to Defen

-25-03 **** SEALED **** Filed: Request for Specific Findings in


-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


-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


PRESENTClerk: lorip


Prosecutor: ALICIA H COOK

JEFFREY W. HALL

CLARK A. HARMS

B. KENT MORGAN

Other Attorneys: JACK M JR MORGAN

Defendant


SCOTT C WILLIAMS

Video

HEARING

DEFENSE MOTIONS COURT FOR EVIDENTIARY HEARING PURSUANT TO U.C.A.

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______________________________________________________________________________

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.



450 South State

SLC, UT 84114-1860


-11-03 EVIDENTIARY HEARING scheduled on January 09, 2004 at 09:00 AM


-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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______________________________________________________________________________

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


Signed December 16, 2003


-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




MT/PUBLIC ACCESS TO HEARING is scheduled.

Date: 01/05/2004

Time: 02:00 p.m.



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.


MT/PUBLIC ACCESS TO HEARING.

Date: 1/5/2004

Time: 01:30 p.m.



450 South State

SLC, UT 84114-1860


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



-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


PRESENT

Clerk: lorip

Reporter: WARNICK, SUZANNE


JEFFREY W HALL

CLARK A HARMS

B KENT MORGAN

DAVID E YOCOM



SCOTT C WILLIAMS

Video

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______________________________________________________________________________


CLARK A HARMS

JEFFREY W HALL

B KENT MORGAN

Other Attorneys: GREGORY SKORDAS

Defendant


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.



450 South State

SLC, UT 84114-1860


-09-04 Note: LAW AND MOTION minutes modified.

-09-04 Filed: Signed minutes competency hearing notice


-20-04 REPORTER FEES Payment Received: 25.00

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______________________________________________________________________________

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.


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


Signed January 30, 2004

-04-04 Filed order: Order Regarding Defendant's Current Competency to

Proceed


Signed February 04, 2004

-04-04 Filed order: Findings of Fact and Conclusions of Law Regarding

Defendant's Current Competence to Proceed



-04-04 Filed order: Order regarding defendant's current competence toproceed



-04-04 Filed: Findings of Fact and Conclusions of Law regarding

defendant's current competence to proceed



Note: REPORTER FEES


-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






-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


-15-04 Minute Entry - Minutes for MOTION TO CONTINUE COMPENTEN


PRESENT

Clerk: melanieb

Prosecutor: HARMS, CLARK A


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.



450 South State

SLC, UT 84114-1860





-22-04 Filed: Compentency Evaluation from Gerald Berge (SEALED)

-23-04 Filed: Transportation Order



PRESENT

Clerk: lorip

Reporter: EDWARDS, JODY

Prosecutor: JEFFREY W HALL

CLARK A HARMS


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.



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


PRESENT

Clerk: lorip

Reporter: EDWARDS, JODY

Prosecutor: JEFFREY W HALL

CLARK A HARMS

B KENT MORGAN


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.


Date: 08/10/2005

Time: 09:00 a.m.



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______________________________________________________________________________

450 South State

SLC, UT 84114-1860


-10-04 Filed: Signed minutes Law and Motion

-12-04 COMPETENCY REVIEW scheduled on August 10, 2005 at 09:00 AM in


-18-04 Filed: Transcript of Pretrial Conference dated 8-10-04, Jody

Edwards, Court Reporter



Note: REPORTER FEES

-05-04 Filed: COVER LETTER TO COURT FROM B. KENT MORGAN.



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.



-04-05 Filed: Findings of Fact/Conclusions of Law


Signed February 04, 2005-04-05 Filed order: Order regarding defendant's probability of

restoration to competency to proceed



-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.


-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)



PRESENT

Clerk: sunshinb



JEFFREY W HALL

B. KENT MORGAN

Defendant


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.



450 South State

SLC, UT 84114-1860


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______________________________________________________________________________

-10-05 1/2 DAY EVIDENTIARY HEARING scheduled on September 16, 2005 at


-10-05 Filed order: Order of Transport (Faxed to Transportation)



-10-05 Filed: Order of Transport


-16-05 Minute Entry - Minutes for COMPETENCY REVIEW


PRESENT

Clerk: sunshinb



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.



450 South State

SLC, UT 84114-1860

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______________________________________________________________________________


-16-05 TELEPHONE CONFERENCE scheduled on October 17, 2005 at 01:00 PM


-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


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.



450 South State

SLC, UT 84114-1860


-17-05 1 DAY MEDICATION HEARING scheduled on February 16, 2006 at




Note: REPORTER FEES



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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


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


Signed October 25, 2005



Note: REPORTER FEES

-15-06 Filed order: Order of Transport (faxed)



-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


-15-06 Filed order: Order to Secure and Out-of-State Witness (Judge

Himonas signed for Judge Atherton)

Judge DENO HIMONAS


-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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______________________________________________________________________________


-15-06 Filed order: Order to Secure an Out-of-State Witness (Judge

Himonas signed for Judge Atherton)

Judge DENO HIMONAS


-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



-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


-15-06 Filed: Certificate of Judge requesting State for witness

-15-06 Filed order: Order to secure and out-of-state witness



-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


-15-06 Filed: Certificate of Judge requesting for witness

-16-06 Minute Entry - Minutes for MEDICATION HEARING


PRESENT

Clerk: sunshinb



CLARK A HARMS

B KENT MORGAN

Defendant


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 REPORTER FEES Payment Received: 113.00Note: REPORTER FEES



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)


Signed June 20, 2006

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______________________________________________________________________________



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



-07-06 Filed order: Order to stay order granting State's Motion to

compel medication



-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)



-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)



-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


-25-08 **** SEALED **** Filed: Competency Evaluations-Mancy B Co

-25-08 **** SEALED **** Filed: Competence Report-Jeffrey A Kovni



Date: 10/23/2009

Time: 09:00 a.m.



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



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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 Minute Entry - Minutes for COMPETENCY REVIEW

Judge: JUDITH S. ATHERTON

PRESENT

Clerk: sunshinb

Prosecutor: COOK, ALICIA H

Defendant


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.



450 South State

SLC, UT 84114-1860


-16-09 COMPETENCY REVIEW scheduled on November 19, 2009 at 09:00 AM in


-13-09 Filed: Motion to Continue (Stipulated)


-13-09 Filed order: Order of Continuance


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 TELEPHONE/FAX/EMAIL Payment Received: 5.00

-05-10 Filed: Transportation order for 01/06/2010

-06-10 Minute Entry - COMPETENCY HEARING continued


PRESENT

Clerk: shantec


Defendant


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.



450 South State

SLC, UT 84114-1860


-06-10 COMPETENCY REVIEW Continued.

Reason: Stipulation of counsel

-06-10 COMPETENCY REVIEW scheduled on February 08, 2010 at 09:00 AM in



-08-10 Filed: PSR Referral

-08-10 Filed order: Statment of defendant in advance of guilty plea



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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 76-6-203 Sev F1 was amended to 76-5-302 Sev F2


-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


PRESENT

Clerk: jennifaj


Defendant


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.



450 South State

SLC, UT 84114-1860


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______________________________________________________________________________

-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



-11-10 **** PROTECTED **** Filed: PSR

-14-10 SENTENCING rescheduled on May 21, 2010 at 01:00 PM Reason:

Correct Calendar.


-18-10 Filed: Letter from Curtis Jackson- Forwarded to Judge- No

action

-20-10 **** PRIVATE **** Filed: State hospital update


-21-10 AUDIO TAPE COPY Payment Received: 10.00

-21-10 Filed order: Order (regarding defendant's release on own

recognizance)


Signed May 21, 2010

-21-10 Minute Entry - Minutes for SENTENCE, JUDGMENT, COMMITME


PRESENT

Clerk: jennifajProsecutor: COOK, ALICIA H

Defendant


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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______________________________________________________________________________

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 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)



System (NICS)



System (NICS)-17-15 Note: Case information transmitted electronically to DPS for


System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)


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System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)





System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)


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System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)





System (NICS)



System (NICS)



System (NICS)



System (NICS)



System (NICS)


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System (NICS)



System (NICS)



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System (NICS)



System (NICS)



System (NICS)

barzee state court docket

Documents