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Court reschedules waiver hearing in State v. Mark Allen after substitution of prosecutors

Utah District Court · February 23, 2022
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Summary

A Utah district court granted a continuance in State v. Mark Allen after the prosecution substituted counsel; the hearing was reset for March 30 at 1:00 p.m. to give the new prosecutor time to prepare.

A Utah district judge continued the waiver hearing in State v. Mark Allen after attorneys told the court the prosecution had substituted counsel and needed time to prepare. The judge set the next hearing for March 30 at 1:00 p.m.

The court opened the matter and identified the case as State v. Mark Allen. An unidentified attorney told the court that "the Utah County attorney's office has been disqualified" and that "Carl Holland from the AG's office entered a substitution of counsel for the state, and he's here with us." That attorney asked for a six-week continuance so "everybody can get up get up to speed," initially proposing an April 6 date.

The judge asked whether April 6 at 1:00 p.m. worked for everyone. The unidentified attorney said they had a federal jury trial that day and asked to move the hearing either a week before or a week after. The judge offered March 30 at 1:00 p.m.; the parties agreed and the judge set the matter for that date.

No formal motion record (mover/second) or vote was stated on the record during the exchange; the scheduling change was entered by agreement. The substitution of prosecution counsel was announced but no further details about the disqualification of the Utah County attorney's office were stated on the record.

The waiver hearing in State v. Mark Allen is scheduled to reconvene on March 30 at 1:00 p.m.