Dale Kimball
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Early life and education
A native of Utah, Kimball graduated from Brigham Young University with his Bachelor's Degree in 1964 and later graduated from the University of Utah College of Law with his Juris Doctor in 1967. [1]
Legal career
Kimball spent his pre-judicial legal career in private practice from 1967 to 1997 and also served as a member of the Faculty at Brigham Young Law School from 1974 to 1979. [1]
Federal judicial career
Kimball was nominated by President Bill Clinton on September 4, 1997 to a seat vacated by David Winder. Kimball was confirmed by the U.S. Senate on October 21, 1997 on a senate vote and received commission on October 24, 1997. [1]
Notable cases
Dillon Whitney case
Judge Kimball on November 24, 2009 allowed a wrongful death lawsuit to proceed involving the death of Dillon Whitney. The parents of the sixteen year old son are suing various Utah government agencies over negligence by Quest Youth Services, a privatized provider when the child was in state custody. In his ruling, the negligence portion of the lawsuit can proceed further[2].
Elizabeth Smart case
Judge Kimball is presiding in the trial of Brian David Mitchell who is accused of abducting Elizabeth Smart in 2002. On August 31, 2009, Mitchell was ordered to undergo a competency hearing in November 30, 2009 to determine if he is competent to undergo trial. Mitchell was indicted by a federal grand jury in November of 2008 on charges of kidnapping and unlawful transportation of a minor. [3]
On October 27, 2009, Judge Kimball ordered all sealed court records involving the Smart case to be made public. This comes after media organizations in the state of Utah wanted court docket records opened. However, despite the ruling the judge ruled that Brian David Mitchell's mental competency records must be sealed[4].
On November 17, 2009, the judge dismissed motions from Mitchell's defense team to not allow religious experts and a psychiatrist from testifying in his trial. On the same day, Mitchell's accomplice Wanda Barzee pleaded guilty to charges of kidnapping and unlawful transportation of a minor. No date has been set for Barzee's sentencing[5]
Judge Campbell on November 30, 2009, began a series of hearings to determine if Brian Lee Mitchell is competent to stand trial. Federal prosecutors say Mitchell is competent to stand trial, but his defense team says he is not fit to go through trial[6].
The judge ruled on March 1, 2010, that Mitchell is competent to stand trial. The judge has not scheduled a trial date. Federal law does not allow for appeals over competency hearings[7].
References
- ↑ 1.0 1.1 1.2 1.3 Judge Kimball Profile from the Federal Judicial Center.
- ↑ "Salt Lake Tribune" Judge: negligence lawsuit in teen death can proceed, November 30, 2009
- ↑ Associated Press "Competency hearing set for suspect in Smart case", September 1, 2009
- ↑ Associated Press "Federal judge allows access to Smart case records", October 27, 2009
- ↑ Associated Press "Judge rules on witnesses in smart case hearing", November 16, 2009
- ↑ Local News 8 "Competency hearing begins in Smart case", November 30, 2009
- ↑ CNN "Federal judge rules Elizabeth Smart suspect competent to stand trial", March 1, 2010
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