Filed: 10/12/2019 10:02:19

Fourth Judicial District, Ada County

Phil McGrane, Clerk of the Court
By: Deputy Clerk - Molchan, Margaret

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

THE STATE OF IDAHO,

Plaintiff, Case No. CR01-18-3 1475

vs. Public Order Regarding Defendant's

Competency
TIMMY EARL KINNER, JR.,

Defendant.

Having considered the evidence and testimony submitted by both the State and Defendant
at the competency hearings, the Court finds that the Defendant, Timmy Earl Kinner, Jr., is

competent to stand trial. The Court makes this finding having considered the factors in Idaho

Code section 18-210 and Duslgl v. United States, 362 U.S. 402 (1960). The Court finds that

Defendant “has sufficient present ability to consult with his lawyer with a reasonable degree of

rational understanding — and [that] he has a rational as well as factual understanding of the

proceedings against him.” Dusky, 362 U.S. at 402; I.C. § 18—210.

The Court will also issue a sealed memorandum decision and order regarding this issue.

Defendant is ordered to be transported from the Secure Medical Program at IMSI to the

Ada County Jail today.

IT IS SO ORDERED.

Dated this
lg day of October, 2019.

NANCY B
(msk/SIEW
District Judge

Public Order Regarding Defendant’s Competency — Page 1

 CERTIFICATE OF MAILING

Signed: 10/12/2019 10:02 AM

I hereby certify that on I served a true and correct

copy of the within instrument to:

DANIEL DINGER ( )U.S. Mail, Postage Prepaid

ddinger(a)adacountv.id.2ov; ( )Interdepartmental Mail
acpocourtdocs@adacounty.id.gov (X) Electronic Mail
( ) Facsimile

DAVE SMETHERS ( )U.S. Mail, Postage Prepaid

dsmethers@adacountv.id.20v; ( ) Interdepartmental Mail
public.defender@adacounty.id.gov (X) Electronic Mail
( )Facsimile

Ada County Jail ( )U.S. Mail, Postage Prepaid

acsocourtdocs@adacounty.id.gov ( ) Interdepartmental Mail

(X) Electronic Mail

( )Facsimile

Idaho Department of Corrections ( ) U.S. Mail, Postage Prepaid

Central Records Department ( ) Interdepartmental Mail
‘centralrecords@idoc.idaho.gov (X) Electronic Mail
( )Facsimile

Karen Magnelli ( )U.S. Mail, Postage Prepaid

kmagnell@idoc.idaho.g0v ( ) Interdepartmental Mail

(X) Electronic Mail

( )Facsimile

PHIL McGRANE
Clerk of the District Court

By:

Deputy Clerk

Public Order Regarding Defendant’s Competency — Page 2