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In The United States District Court For The District of Kansas

The court has scheduled a hearing for August 20th to address Carrie Neighbors' motions to dismiss her criminal cases. The court will first evaluate her mental competency to stand trial and represent herself. Depending on the outcome, the court will either continue with ruling on other pending motions, or dismiss one or more of the cases. However, the court will not delay the hearing or other proceedings unless further evaluation of competency is needed. Neighbors' request for a continuance is denied.

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Jones, Walker
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60 views2 pages

In The United States District Court For The District of Kansas

The court has scheduled a hearing for August 20th to address Carrie Neighbors' motions to dismiss her criminal cases. The court will first evaluate her mental competency to stand trial and represent herself. Depending on the outcome, the court will either continue with ruling on other pending motions, or dismiss one or more of the cases. However, the court will not delay the hearing or other proceedings unless further evaluation of competency is needed. Neighbors' request for a continuance is denied.

Uploaded by

Jones, Walker
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case 2:07-cr-20073-CM Document 231 Filed 08/10/10 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA, )


)
Plaintiff, )
) CRIMINAL ACTION
v. )
) Nos. 07-20073-02-CM
CARRIE MARIE NEIGHBORS, ) 07-20124-01-CM
) 08-20105-02-CM
Defendant. )
)

ORDER

These cases are before the court on defendant Carrie Neighbors’s Motion for Emergency

Jurisdictional Hearing on [Doc. 141, 240, 98] on August 20th 2010, at 9:00 a.m. (Case No. 07-

20073, Doc. 229; Case No. 07-20124, Doc. 333; and Case No. 08-20105, Doc. 182). Defendant

requests that the court hear her motions to dismiss the pending cases on August 20, 2010, and that

the court continue all other hearings on motions or pleadings until after defendant has had a chance

to prepare a defense or has exhausted her time to appeal the court’s decision on her motions to

dismiss.

The court already has a hearing set for August 20 on a number of motions, including

defendant’s motions to dismiss. On August 20, the court intends to take up the issue of defendant’s

mental competency first. Depending on the resolution of that issue, the court may or may not

continue with the rest of the scheduled hearing. If the court continues, the court intends to issue a

ruling on defendant’s motions to dismiss. The court recognizes that if the court grants defendant the

relief she seeks, the remainder of the pending motions would be moot. Therefore, depending on the

outcome of defendant’s motions to dismiss, the court will either continue to issue rulings on other
Case 2:07-cr-20073-CM Document 231 Filed 08/10/10 Page 2 of 2

motions (and hear evidence where necessary), or the court will dismiss one or more of the cases.

But all parties should be prepared for either outcome. The court does not intend to delay the hearing

on all other motions unless it finds that further evaluation of defendant’s competency is warranted.

To be clear, the court is taking the issue of defendant’s competency to proceed to trial—and

also to represent herself—very seriously. If defendant needs further evaluation, the court will put

these proceedings on hold August 20. But if the court determines that further evaluation is

unwarranted, the court will take up all other pending motions necessary on August 20. And if the

court denies defendant’s motions to dismiss, the court will also proceed with the trials scheduled to

begin September 7, 2010. Defendant’s request for a continuance is denied.

IT IS THEREFORE ORDERED that defendant Carrie Neighbors’s Motion for Emergency

Jurisdictional Hearing on [Doc. 141, 240, 98] on August 20th 2010, at 9:00 a.m. (Case No. 07-

20073, Doc. 229; Case No. 07-20124, Doc. 333; and Case No. 08-20105, Doc. 182) is denied.

Dated this 10th day of August 2010, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

-2-

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