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2026-10-22 20:43
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Parker Kingston, case ending 0269. Counsel, make your appearances for the record, please. Ms. Tangaro? [snorts] Kara Tangaro for Parker Kingston, who is present to my left. >> Thank you. Mr. Shawn? Ryan Shawn and Stephanie Harmon for the state, Your Honor. Thank you. And who's with you? We have >> Detective Cody Layton, Your Honor. Okay. Detective Layton, how are you this morning? Fantastic. Thank you for being here. Utah Constitution, Article 1, Section 12 indicates that the defendant is entitled to a preliminary hearing to determine whether probable cause exists. Under Utah Rules of Criminal Procedure, Rule 7, the prosecution holds the burden of proof of whether probable cause exists. Do you agree, Mr. Shawn? Yes, Your Honor. Okay. Ms. Tangaro, under Rule 7b, the state can rely on hearsay, correct? Reliable hearsay, yes. >> Under Rule Evidence Rule 1102, correct? Correct. And under Rule 1102b8, that means a written statement that's under oath or affirmation that's with a warning that it's punishable by crime if there's a lie, correct? Correct. They also need to re- are required under 7b d2 to have in-person testimony if they're going to use a Rule 1102 statement. Am I accurate, Mr. Shawn? Yes, Your Honor. >> And you have Detective Layton here to testify. Yes, Your Honor. Okay. Ms. Tangaro, the court's not allowed to sift or weigh the evidence under Hester unless there's specific circumstances, and I must give all reasonable inferences in favor of the state. Have I stated the law accurately? Yes, Your Honor. Thank you. Mr. Shawn, has the state made a formal plea offer in this case? >> We have, Your Honor. Okay. Pursuant to Missouri versus Frye, 566 United States 1304, I must ensure that Sixth Amendment rights are complied with. Mr. Kingston, have you talked to your attorney about that plea offer and understand the pros and cons of the plea offer? Yes, Your Honor. Thank you. Do you have any questions about the maximum possible penalties if you choose to reject that plea offer? No, sir. Thank you. Mr. Shawn, are you revoking that plea offer today or will remain open? It will remain open um for a short period of time afterwards. We haven't set a date on that. Thank you. Are both parties ready to go forward with the preliminary hearing? We are, Your Honor. State is, Your Honor. Mr. Shawn, call your first witness. State calls Detective Cody Layton to the stand. Mr. Laytonfield, come to the podium. Raise
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