State v. Krambule Clerk's Record Dckt. 44433 · 2020. 3. 1. · 7/25/2014 7/31/2014 Code DCHH MEOR CONT HRSC DCHH MEOR MISC MISC MOTN MOTN HRSC JTVC HRSC HRSC DCHH ORDR MEOR DCHH

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12-5-2016

State v. Krambule Clerk's Record Dckt. 44433

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IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF FRANKLIN

STATE OF IDAHO,

Plaintiff/Respondent,

vs.

MARJORIE BALLS KRAMBULE,

Defendant/ Appellant.

* * * * * *

) ) ) ) ) Supreme Court No. 44433-2016 ) ) Franklin County Case No. CR-2014-246 ) ) ) ) )

CLERK'S RECORD ON APPEAL

Appeal from the District Court of the Sixth Judicial District of the State ofldaho, in and for the County of Franklin

Honorable MITCHELL W. BROWN

Eric D. Fredericksen State Appellate Public Defender 322 East Front Street, Suite 570 Bois~, ID 83 702 documents

2 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 1 of 8

Sixth Judicial District Court - Franklin County

ROA Report

Case: CR-2014-0000246 Current Judge: Mitchell W. Brown

Defendant: Krambule, Marjorie Balls

State of Idaho vs. Marjorie Balls Krambule

Date Code User

3/6/2014 NCRF KJONES New Case Filed - Felony

CRCO KJONES Criminal Complaint

AFPC KJONES Affidavit Of Probable Cause

MEOR KJONES Minute Entry And Order

REQB KJONES Request For Bond

PROS KJONES Prosecutor assigned Vic A Pearson

HRSC MICKELSON Hearing Scheduled (Arraignment 04/11/2014 09:00 AM) Possession of Controlled Substance

SMIS MICKELSON Summons Issued Krambule, Marjorie Balls

3/24/2014 REQD KROBINSON Request For Discovery/ Souza

4/11/2014 APER KROBINSON Defendant: Krambule, Marjorie Balls Appearance John C Souza

ARRN KROBINSON Hearing result for Arraignment scheduled on 04/11/2014 09:00 AM: Arraignment I First Appearance Possession of Controlled Substance

HRSC KROBINSON Hearing Scheduled (Preliminary 04/18/2014 02:00 PM) Poss of Cont Subst/ Meth

4/18/2014 PHWV MICKELSON Hearing result for Preliminary scheduled on 04/18/2014 02:00 PM: Preliminary Hearing Waived (bound Over) Poss of Cont Subst/ Meth

CHJG MICKELSON Change Assigned Judge

QUES MICKELSON Questionnaire-Waiver of Preliminary

MEOR MICKELSON Minute Entry And Order Holding Defendant to Answer and Commitment

HRSC HAMPTON Hearing Scheduled (Felony Arraignment 04/24/2014 09:00 AM)

HAMPTON Notice of Hearing

4/23/2014 INFO HAMPTON Information

4/24/2014 DCHH HAMPTON Hearing result for Felony Arraignment scheduled on 04/24/2014 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

MEOR HAMPTON Minute Entry And Order

ORDR HAMPTON Order for Jury Trial

5/9/2014 HRSC HAMPTON Hearing Scheduled (Further Proceedings 05/29/2014 09:00 AM)

HRSC HAMPTON Hearing Scheduled (Jury Trial Pretrial 07/28/2014 09:00 AM)

HRSC HAMPTON Hearing Scheduled (Jury Trial Pretrial 07/10/2014 09:00 AM)

User: HAMPTON

Judge

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Eric S Hunn

Mitchell W. Brown

Eric S Hunn

Eric S Hunn

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

3 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 2 of 8


ROA Report



User: HAMPTON


Date

5/29/2014

7/9/2014

7/15/2014

7/21/2014

7/23/2014

7/24/2014

7/25/2014

7/31/2014

Code

DCHH

MEOR

CONT

HRSC

DCHH

MEOR

MISC

MISC

MOTN

MOTN

HRSC

JTVC

HRSC

HRSC

DCHH

ORDR

MEOR

DCHH

User

HAMPTON

HAMPTON HAMPTON

HAMPTON

HAMPTON HAMPTON

HAMPTON HAMPTON HAMPTON HAMPTON HAMPTON HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON HAMPTON

HAMPTON HAMPTON HAMPTON

Judge

Hearing result for Further Proceedings scheduled Mitchell W. Brown on 05/29/2014 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Minute Entry And Order Mitchell W. Brown

Hearing result for Jury Trial Pretrial scheduled on Mitchell W. Brown 07/10/2014 09:00 AM: Continued

Hearing Scheduled (Jury Trial Pretrial 07/15/2014 01:30 PM) Amended Notice of Hearing

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Jury Trial Pretrial scheduled on Mitchell W. Brown 07/15/2014 01 :30 PM: District Court Hearing Hel< Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Minute Entry And Order

State's Proposed Jury Instructions

Defendant's Requested Jury Instructions

Defendant's Motion to Continue Criminal Trial

Motion in Limine

Hearing Scheduled (Hearing Scheduled 07/25/2014 09:00 AM)

Hearing result for Jury Trial scheduled on 07/28/2014 09:00 AM: Jury Trial Vacated

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Hearing Scheduled (Jury Trial 09/30/2014 09:00 Mitchell W. Brown AM) Hearing Scheduled (Motion in Limine 07/31/2014 09:00 AM)

Notice of Hearing

Hearing result for Hearing Scheduled scheduled on 07/25/2014 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Order to Continue Criminal Trial


Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Motion in Limine scheduled on Mitchell W. Brown 07/31/2014 09:00 AM: District Court Hearing Hel< Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

4 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 3 of 8


ROA Report



User: HAMPTON


Date

9/3/2014

10/10/2014

10/14/2014

10/20/2014

10/24/2014

10/27/2014

10/30/2014

11/3/2014

11/10/2014

Code

CONT

HRSC

MEOR

MISC

MOTN

JTVC

DCHH

HRSC

AMEN

GTQU

MEOR

MOTN

HRSC

NOTC

HRSC

DCHH

MEOR

CONT

HRSC

APER

NOAP

MISC

MEOR

User

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

Judge

Hearing result for Jury Trial scheduled on Mitchell W. Brown 09/30/2014 09:00 AM: Continued

Hearing Scheduled (Jury Trial 10/14/2014 09:00 Mitchell W. Brown AM)


Defendant's Disclosure of Witnesses and Exhibits Mitchell W. Brown

Motion in Limine

Hearing result for Jury Trial scheduled on 10/14/2014 09:00 AM: Jury Trial Vacated

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Change of Plea scheduled on Mitchell W. Brown 10/14/2014 12:00 PM: District Court Hearing Hel1 Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Hearing Scheduled (Sentencing 12/11/2014 09:00 AM)

AMENDED Criminal Information

Guilty Plea Questionaire

Minute Entry And Order and Change of Plea

Motion to Withdraw Plea

Hearing Scheduled (Motion to Withdraw 10/30/2014 09:00 AM)

Notice of Hearing

Hearing Scheduled (Further Proceedings 11/13/2014 09:00 AM)

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Motion to Withdraw scheduled Mitchell W. Brown on 10/30/2014 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages


Continued (Further Proceedings 11/10/2014 03:00 PM)

Notice of Hearing

Hearing Scheduled (Further Proceedings 11/10/2014 12:30 PM)

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Notice of Hearing Mitchell W. Brown

Defendant: Krambule, Marjorie Balls Appearance Mitchell W. Brown Wayne K Caldwell

Appearance of Counsel - Caldwell

Request for Discovery


Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

5 of 219

Date: 12/5/2016

Time: 04:26 PM

Page4 of 8


ROA Report



User: HAMPTON


Date

11/10/2014

11/14/2014

11/18/2014

11/19/2014

11/20/2014

11/21/2014

12/11/2014

12/26/2014

1/6/2015

1/8/2015

Code

AMEN

DCHH

HRSC

HRSC

HRSC

HRSC

MOTN

MOTN

NOTC

NOTC

CONT

DCHH

DCHH

MEOR

AMEN

HRSC

HRSC

NOTC

User

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

Judge

AMENDED Order for Jury Trial Mitchell W. Brown

Hearing result for Further Proceedings scheduled Mitchell W. Brown on 11/10/201412:30 PM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Hearing Scheduled (Jury Trial Pretrial Mitchell W. Brown 01/08/2015 09:00 AM)


Hearing Scheduled (Motion to Continue 12/11/2014 03:30 PM)

Mitchell W. Brown

Hearing Scheduled (Motion 12/11/2014 03:30 Mitchell W. Brown PM) Motion to Revoke Pretrial Release

Motion to Revoke Pretrial Release

Motion to Continue Jury Trial-Caldwell

Notice of Hearing-Caldwell

Notice of Service - State

Hearing result for Jury Trial scheduled on 01/26/2015 09:00 AM: Continued

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Order of Commitment Mitchell W. Brown

Hearing result for Motion scheduled on Mitchell W. Brown 12/11/2014 03:30 PM: District Court Hearing Hele Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages Motion to Revoke Pretrial Release

Hearing result for Motion to Continue scheduled Mitchell W. Brown on 12/11/2014 03:30 PM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages


Second Amended Order for Jury Trial Mitchell W. Brown

Hearing Scheduled (Jury Trial Pretrial 01/08/2015 09:00 AM)

Mitchell W. Brown


Notice of Service

Order of Commitment

Mitchell W. Brown

Mitchell W. Brown

6 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 5 of 8


ROA Report



User: HAMPTON


Date

1/8/2015

1/9/2015

1/20/2015

1/21/2015

1/22/2015

2/10/2016

2/25/2016

3/9/2016

Code

DCHH

MEOR

HRSC

ORDR

MOTN

HRSC

STIP

DCHH

REDU

WHJD

SNPF

PROB

ORDR

MEOR

HRSC

DCHH

HRSC

User

HAMPTON

HAMPTON HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON HAMPTON

HAMPTON HAMPTON

HAMPTON

Judge

Hearing result for Jury Trial Pretrial scheduled on Mitchell W. Brown 01/08/2015 09:00 AM: District Court Hearing Hel1 Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages


Hearing Scheduled (Further Proceedings 01/29/2015 11 :00 AM)

Order for Furlough

Motion to Withdraw as Counsel

Hearing Scheduled (Motion to Withdraw 01/22/2015 03:00 PM) Stipulated Notice of Hearing

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Motion to Withdraw scheduled Mitchell W. Brown on 01/22/2015 03:00 PM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Charge Reduced Or Amended Mitchell W. Brown

Withheld Judgment Entered (118-205(2) Mitchell W. Brown Accessory to Felony-Harbors and Protects a Person who Committed a Felony, Charged With/Convicted Of)

Sentenced To Pay Fine 840.50 charge: Mitchell W. Brown 118-205(2) Accessory to Felony-Harbors and Protects a Person who Committed a Felony, Charged With/Convicted Of

Probation Ordered (118-205(2) Accessory to Mitchell W. Brown Felony-Harbors and Protects a Person who Committed a Felony, Charged With/Convicted Of) Probation term: 3 years. (Supervised)

Order for DNA Sample and Thumbprint Impression

Minute Entry And Order Withholding Judgment

Hearing Scheduled (Probation Review 02/25/2016 09:00 AM)

Notice of Hearing

Hearing result for Probation Review scheduled on 02/25/2016 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Hearing Scheduled (Probation Review 03/24/2016 09:00 AM)

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

7 of 219

Date: 12/5/2016 Sixth Judicial District Court - Franklin County User: HAMPTON

Time: 04:26 PM ROA Report Page 6 of 8 Case: CR-2014-0000246 Current Judge: Mitchell W. Brown



Date Code User Judge

3/9/2016 HAMPTON Notice of Hearing Mitchell W. Brown MEOR HAMPTON Minute Entry And Order held February 25, 2016 Mitchell W. Brown

3/22/2016 REPV HAMPTON Report of Probation Violation Mitchell W. Brown

3/24/2016 ORPD HAMPTON Defendant: Krambule, Marjorie Balls Order Mitchell W. Brown Appointing Public Defender Public defender Don T. Marler

HRSC HAMPTON Hearing Scheduled (Evidentiary 04/28/2016 Mitchell W. Brown 09:00 AM)

DCHH HAMPTON Hearing result for Admit/Deny Hearing scheduled Mitchell W. Brown on 03/24/2016 09:00 AM: District Court Hearing Held Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

3/30/2016 MEOR HAMPTON Minute Entry And Order held March 24, 2016 Mitchell W. Brown

4/14/2016 CONT HAMPTON Hearing result for Evidentiary scheduled on Mitchell W. Brown 04/28/2016 09:00 AM: Continued

HRSC HAMPTON Hearing Scheduled (Evidentiary 04/28/2016 Mitchell W. Brown 03:00 PM) State will provide notice

AMEN HAMPTON AMENDED Notice of Hearing-State Mitchell W. Brown

4/28/2016 DCHH HAMPTON Hearing result for Evidentiary scheduled on Mitchell W. Brown 04/28/2016 03:00 PM: District Court Hearing Hel< Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages State will provide notice

HRSC HAMPTON Hearing Scheduled (Motion 05/09/2016 01 :00 Mitchell W. Brown PM) Motion to Withdraw Guilty Plea

5/2/2016 CONT HAMPTON Hearing result for Motion scheduled on Mitchell W. Brown 05/09/2016 01 :00 PM: Continued Motion to Withdraw Guilty Plea

HRSC HAMPTON Hearing Scheduled (Motion 05/26/2016 09:00 Mitchell W. Brown AM)

HAMPTON Notice of Hearing Mitchell W. Brown

5/6/2016 MEOR HAMPTON Minute Entry And Order held April 28, 2016 Mitchell W. Brown

5/26/2016 DCHH HAMPTON Hearing result for Motion scheduled on Mitchell W. Brown 05/26/2016 09:00 AM: District Court Hearing Hel< Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

6/1/2016 HRSC HAMPTON Hearing Scheduled (Evidentiary 06/30/2016 Mitchell W. Brown 09:00 AM)

6/3/2016 MEOR HAMPTON Minute Entry And Order held May 26, 2016 Mitchell W. Brown

6/15/2016 MOTN HAMPTON Motion to Withdraw Guilty Plea-Marler Mitchell W. Brown

MOTN HAMPTON Motion for CD Recordings-Marler Mitchell W. Brown

8 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 7 of 8


ROA Report



User: HAMPTON


Date

6/15/2016

6/27/2016

6/28/2016

6/30/2016

7/5/2016

7/11/2016

7/27/2016

8/1/2016

8/6/2016

8/10/2016

Code

NOTC

MOTN

NOTC

MOTN

NOTC

HRSC

DCHH

DCHH

HRSC

MEOR

DCHH

WHJR

SNIC

OTST

PROB

MEOR

AMEN

NOTA

MOTN

APSC

User

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

HAMPTON

Notice of Hearing-Marler

Motion for Clarification-Marler


Motion to Continue-Marler


Judge

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Hearing Scheduled (Motion 06/30/2016 09:00 Mitchell W. Brown AM) Motion for Clarification Motion to Continue

Hearing result for Motion scheduled on Mitchell W. Brown 06/30/2016 09:00 AM: District Court Hearing Hele Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages Motion for Clarification Motion to Continue

Hearing result for Evidentiary scheduled on Mitchell W. Brown 06/30/2016 09:00 AM: District Court Hearing Hel< Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: less than 100 pages

Hearing Scheduled (Evidentiary 07/27/2016 09:00 AM)

Minute Entry And Order held June 30, 2016

Mitchell W. Brown

Mitchell W. Brown

Hearing result for Evidentiary scheduled on Mitchell W. Brown 07/27/2016 09:00 AM: District Court Hearing Hele Court Reporter: Rodney Felshaw Number of Transcript Pages for this hearing estimated: more than 100 pages

Order of Commitment Mitchell W. Brown

Withheld Judgment Revoked Mitchell W. Brown

Sentenced To Incarceration (120-222 Probation Mitchell W. Brown Violation) Confinement terms: Jail: 1 O days. Penitentiary determinate: 2 years. Penitentiary indeterminate: 2 years.

Other Sentencing Information: Penitentiary Mitchell W. Brown suspended.

Probation Ordered (120-222 Probation Violation) Mitchell W. Brown Probation term: 4 years. (Supervised)

Minute Entry And Order REVOKING Withheld Mitchell W. Brown Judgment Continuing Probation

AMENDED Order of Commitment Mitchell W. Brown

NOTICE OF APPEAL Mitchell W. Brown

Motion to Withdraw and Order Appointing State Mitchell W. Brown Appellate Public Defender

Appealed To The Supreme Court Mitchell W. Brown

9 of 219

Date: 12/5/2016

Time: 04:26 PM

Page 8 of 8


ROA Report




Date Code User

8/10/2016 STAT HAMPTON Case Status Changed: Inactive

8/17/2016 ORDR HAMPTON Order Granting Motion to Withdraw and Order Appointing State Appellate Public Defender

8/19/2016 CCOA HAMPTON Clerk's Certificate Of Appeal sent to Supreme Court

10/7/2016 AMEN HAMPTON AMENDED Notice of Appeal AMEN HAMPTON AMENDED Clerk's Certificate of Appeal

User: HAMPTON

Judge

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

Mitchell W. Brown

10 of 219

VIC A PEARSON Franklin County Prosecuting Attorney 39 West Oneida Preston, ID 83263 Telephone: (208) 852-9119 Facsimile: (208) 852-9112

r ~ , ,··i ,~ f L.,-, -u

IN THE D1s·rHICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE


MAGISTRATE DIVISION

STATE OF IDAHO,

Plaintiff,

vs.

MARJORIE BALLS KRAMBULE, Address: 51 South 200 East, Franklin, ID 83237 DODL

Defendant.

CASE NO. CR-2014-lito

CRIMINAL COMPLAINT

- , ,... I r, I c: I 7

Personally ap~ared before me this 6th day of March, 2014, in the County of

Franklin, State of Idaho, KAREN HATCH, Chief Deputy Sheriff of Franklin County, State

of Idaho, who first being sworn, complains of MARJORIE BALLS KRAMBULE, and

charges said Defendant with the public offense of POSSESSION OF A CONTROLLED

SUBSTANCE, METHAMPHETAMINE, a Felony, in violation of and contrary to Idaho

Code§ 37-2732(c)(1 ), committed as follows, to-wit:

That the Defendant, MARJORIE BALLS KRAMBULE, on or about the 5th day of

March, 2014, in the County of Franklin, State of Idaho, did unlawfully possess a controlled

Criminal Complaint - Page 1

11 of 219

substance, to-wit: METHAMPHETAMINE, a Schedule II controlled substance, all of

which is against the peace and dignity of the State of Idaho.

Said Complainant therefore prays that a Summons be issued directing the Defendant,

MARJORIE BALLS KRAMBULE, to appear before the Court at a time certain according to

law.

DATED this--~- day of March, 2014.

SUBSCRIBED AND SWORN to before me this __ {_ day of March, 2014.

Magistrate Judge

Criminal Complaint - Page 2

12 of 219

AFFIDAVIT OF PROBABLE CAUSE

STATE OF IDAHO ) ) ss.

COUNTY OF FRANKLIN )

KAREN HATCH, being first duly sworn, deposes and says that:

My name is KAREN HATCH, and I am the Chief Deputy Sheriff of the Franklin

County Sheriff's Office, County of Franklin, State of Idaho.

I have conducted an investigation regarding MARJORIE BALLS KRAMBULE.

Based on that investigation, I have requested the HONORABLE ERIC S. HUNN, Sixth

District Magistrate Judge to make a determination of probable cause to hold or set bond

on the above-named defendant for the public offense of POSSESSION OF A

CONTROLLED SUBSTANCE, METHAMPHETAMINE, a Felony, in violation of and

contrary to Idaho Code§ 37-2732(c)(1 ). The basis for the request is the information set

forth in a police report which is designated as Exhibit "A" attached hereto. I further

depose and say that I have read Exhibit "A" and all the contents are true to the best of my

knowledge, and that I personally know the author of that report to be a law enforcement

officer whom I believe to be credible and reliable.

6 DATED this day of March, 2014. .,rf;)a::llsi:_

ATC

STATE OF IDAHO ) ) ss.

COUNTY OF FRANKLIN )

KAREN HATCH, known to me to be the person whose name is subscribed to the within instrument, acknowledged to me that he has executed the same and that he read the same and that the same was true to the best of his knowledge.

DATED this _L. day of March, 2014.

13 of 219

• ' Franklin County Sheriff Office J Deputy Report for Incident 14-F0342 Nature: Welfare Check

Location: FCSO

Address: 51 S 200 E

Franklin City ID

Offense Codes: WELF, CSPP, WOFP

Received By: Hansen L How Received: T Agency: FCSO

Responding Officers: Nate J, Hatch K, Daseler M

Responsible Officer: Nate J Disposition: CLD 03/05/14

When Reported: 11 :59:04 03/05/14 Occurred Between: 11:58:38 03/05/14 and 11:58:38 03/05/14

Assigned To: Detail:

Status: Status Date: **/**/**

Date Assigned: **/**/**

Due Date: **/**/**

Complainant: 263716

First: Last: Willow Valley

Family Medicine

DOB: **/**/** Dr Lie:

Race: Sex: Phone: ()-

Offense Codes Reported: WELF Welfare Check

Additional Offense: WELF Welfare Check

Additional Offense: CSPP Cont Subst/Posess Paraphenalia

Additional Offense: WOFP Weapon Offense by a parole

Circumstances

Responding Officers:

Nate J

Hatch K

Daseler M

Responsible Officer: Nate J

Received By: Hansen L

How Received: T Telephone

When Reported: 11 :59:04 03/05/14

Judicial Status:

Misc Entry:

Modus Operandi:

Unit:

FC29

FC21

6063

Description :

Mid:

Address: 43 N I 00 E

City: Preston, ID 83263

Observed: WELF Welfare Check

Agency: FCSO

Last Radio Log: 14:01:34 03/05/14 CMPLT

Clearance: Active Report Due

Disposition: CLD Date: 03/05/14

Occurred between: 11:58:38 03/05/14

and: 11 :58:38 03/05/14

Method:

03/05/14

14 of 219

Deputy Report for Incident 14-F0342 Page 2 of 10

Involvements

Date Type Description 03/05/14 Name Krambule, Marjorie Balls victim

03/05/14 Name Krambule, Ronald M suspect

03/05/14 Name Willow Valley Family Medicine, Complainant

03/05/14 Offense Offense#: 3790 - BM - 1 count Charged With

03/05/14 Offense Offense#: 3801 - FE - 1 count Charged With

03/05/14 Cad Call 11 :59:04 03/05/14 Welfare Check Initiating Call

03/05/14 Property BLK Firearm taurus 380 300 Evidence

03/05/14 Property BRO Drug parapher. none glass 0 Evidence

03/05/14 Property BLK Drug parapher. none 0 Evidence

03/05/14 Property SIL Supplies,office Verbatim 0 Evidence

03/05/14

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Deputy Report for Incident 14-F0342 Page 3 of 10

Narrative welfare check possibly domestic violence.

Responsible LEO:

Approved by:

Date

03/05/14

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Deputy Report for Incident 14-F0342

Supplement Wed Mar 05 12:00:17 MST 2014 Ramona from Willow Valley Medical Center

stating that Marjorie Krambule was supposed to be at her appointment at 1000 and had not arrived. Romona stated that Marjorie had called in two hours ago and stated that there was physical abuse going on in the home and would be a little bit late. Romona got concerned when she did not show up for two hours.

Myself, Capt. Hatch and Matt Daseler, Ronald Krambules probation officer, responded to Franklin to the Krambule residence. It took quite a while to get someone to come to the door. Finally Marjorie came to the door with Ronald right behind. Capt. Hatch visited with Marjorie and will have a supplement on that.

Daseler had Ronald give a urine sample witch came up positive for Meth. Daseler arrested Ronald and he was booked and transported to Caribou County on the probation violation.

Deputy Jeff Nate

Page 4 of 10

03/05/14

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Supplement K Hatch FC21, 3/5/2014 1525

On 3/5/2014 I assisted Deputy Nate with a welfare check at 51 E 200 Nin Franklin, Idaho. Parole Officer Daseler assisted as an occupant at that residence is on felony probation with him. Upon arrival we spoke with Ron and Marjorie Krambule. Marjorie advised me that she and Ron had smoked methamphetamines approximately 3 weeks prior with his brother. Ron was given a UA and taken into custody for a probation violation and transported to the Franklin County Sheriff's Office by Deputy Nate.

Daseler and I stayed on scene to speak with Marjorie regarding her welfare. While there Marjorie showed us around the home, garage and dirt crawl space under the home and asked us to look for and take anything illegal because she felt Ronald was trying to "fry" her. Marjorie also requested we search her car and truck. Marjorie stated that she and Ron had been in arguments and Ron had recently stated that he wanted to see her "fry" and that he was trying to get her committed to a mental institution, but denied any physical abuse by Ron.

Prior to leaving, I asked Marjorie if there was anything illegal in the home, where it would most likely be. She took us back in to the master bedroom but stated she didn't know of anything. On the side of the bed nearest the door which is where Ron sleeps, I moved some pillows that were stacked against the headboard and immediately Marjorie said "Oh, well I'm not going to say anything." I asked what she was saying "Oh" about and she said that she was not going to say anything, that we would "find it." I observed several objects on the top of the headboard and in the shelf below. I began to look into containers and lifted a brown Standard Optical eye glass case from the left hand shelf and when I opened it there was a blue paper towel inside concealing a clear in color glass pipe commonly used to smoke methamphetamines with burned residue. I immediately replaced it and photographed it and then opened it and photographed the pipe inside.

I asked Marjorie if there was anything of anything else. As I kept looking I container in the center portion of the blue paper towel concealing a clear in methamphetamines with burned residue. photographed it and then opened it and

else and she said that she was not aware found a black Ralph Lauren eye glass headboard. When I opened it I found a color glass pipe commonly used to smoke I immediately replaced it and photographed the pipe inside.

I asked Marjorie who the pipes belonged to and she said that they belonged to Ron, but they had both used them recently, about one week prior. Marjorie said that both of their fingerprints would be on them. Marjorie went on to state that she and Ron had decided not to use methamphetamines anymore and so they together had destroyed all of their paraphernalia in the fireplace, but Ron must have kept these two.

Daseler was searching on the other side of the bed which was Marjorie's side of the bed. While searching, Marjorie suddenly remembered there was a gun under the side of the bed near where Daseler was searching. Daseler retrieved a black case from under the bed which contained a Taurus .380 semi-automatic handgun with one round in the chamber and three rounds in the magazine. Marjorie said that she had purchased the firearm recently when Ron took her to a hair salon which was attached to a gun shop in Preston. Marjorie said that Ron told her to purchase the gun as he could not own a firearm. Daseler unloaded the gun and I photographed it. Prior to leaving the residence I looked in the fireplace but did not locate any paraphernalia.

Page 5 of 10

03/05114

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All items were seized as evidence and a receipt given to Marjorie.

I advised Marjorie that I would have the pipes fingerprinted and if her fingerprints were on them that I would charge her with possession of paraphernalia and if they tested positive for methamphetamines I would charge her with possession of methamphetamines. Marjorie advised that her prints would be on the pipes.

When I arrived at the Sheriff's Office I briefly interviewed Ron and made sure he understood his miranda rights. Ron agreed to speak to me but would not volunteer any information regarding the ownership of any paraphernalia in his home. When I told Ron that I had found two pipes in their bedroom, he claimed ownership, saying that he didn't want Marjorie to get into any trouble. I asked Ron to tell me about the pipes and he was only able to describe the one found in the brown eye glass case. Ron was unable to give any details about the other pipe but said that it belonged to him. Ron stated that the pipe was used last week to smoke methamphetamine by he and his brother. I asked Ron about the firearm and he denied any knowledge about a firearm and denied taking Marjorie to purchase a firearm. Ron said that Marjorie had probably bought the gun because she was scared of him.

At approximately 1600 I called Marjorie and asked her if next time she was in town she would stop be so we could get her fingerprints for exclusion and she said that she would rather I come out to the residence alone and get them. Marjorie asked why I needed her fingerprints because she already admitted to using meth and that her fingerprints would be on the pipes. I advised her that I would come to her home at around 1700. At approximately 1630 I was advised by dispatch that Marjorie had called and stated that the US Marshalls had told her to contact the Sheriff's Office about us threatening her to get her fingerprints. I contacted Marjorie via phone and told her that I would not be out to get her fingerprints since she was saying I threatened her, but I would send the pipes off and we could match it to the fingerprints on file in NCIC and that I would be obtaining an arrest warrant for her. She then requested to speak with Detective Jensen and the phone call was turned over to him.

All items were placed into evidence with a request that both pipes be sent to the Idaho State Police forensic lab for fingerprint testing and then controlled substance testing.

Ron Krambule was transported to the Caribou County jail by Sheriff Fryar and incarcerated for P.V. I.e. 19-2602 by P&P Officer Daseler and I charged him with Unlawful Possession of a firearm I.e. 18-3316, Possession of paraphernalia I.C. 37-2734A(l) and Possession of methamphetamine I .C. 37-2732 (a) (1) (A).

I request a felony warrant for Marjorie Krambule for Possession of methamphetamine I.C. 37-2732(a) (1) (A) and a misdemeanor warrant for possession of paraphernalia I.e. 37-2734A(l).

I will follow up on the purchase of the firearm.

Page 6 of 10

03/05114

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Supplement K Hatch FC21, 3/5/2014 2041

At approximately 2015 on 3/5/2014 Detective Jensen NIK tested the clear glass pipe in the black Ralph Lauren eye glass case and received a presumptive positive for methamphetamine.

At approximately 2050 Marjorie called the Franklin County Sheriff's Office and requested to speak with Detective Jensen. Once on speaker phone, Marjorie said she purchased the gun from the gun shop by the Chinese Restaurant sometime in 2010 and that Ron went in the gun shop with her.

Page 7 of 10

03/05114

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Property

Property Number: 02323

Item: Fiream1

Brand: taurns

Year: 0

Meas:

Total Value: $300.00

Owner: K.rambule Ronald M 172391

Agency: FCSO Franklin County Sheriff Office

Accum Amt Recov: S0.00

UCR: FRM Firearms

Local Status:

Crime Lab Number:

Date Released: **/**/**

Released By:

Released To:

Reason:

Comments: black w/ one magazine and 4 rounds


Item: Drng parapher.

Brand: none

Year: 0

Meas:

Total Value: S0.00

Owner: K.rambule Ronald M 172391


Accum Amt Recov: S0.00

UCR: DEQ Drng Narcotic Equipment

Local Status:

Crime Lab Number:


Released By:

Owner Applied Nmbr:

Model: 380

Quantity: 1

Serial Nmbr: 12400c

Color: BLK

Tag Number: 1 OF 4

Officer: Nate J

UCR Status: EIS

Storage Location: locker

Status Date: 03/05/14

Date Recov/Rcvd: 03/05/14

Amt Recovered: S0.00

Custody: **:**:** **/**/**

Owner Applied Nmbr:

Model: glass

Quantity: 1

Serial Nmbr:

Color: BRO

Tag Number: 2 OF 4

Officer: Nate J

UCR Status: EIS




Amt Recovered: $0.00

Page 8 of10

Released To: Custody: **:**:** **/**/**

Reason:

Comments:

Property Number:

Item:

glass meth pipe with res in brown eye glass case

02325

Drug parapher. Owner Applied Nmbr:

Brand: none Model:

03/05/14

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Year: 0

Meas:

Total Value: $0.00

Owner: Krambule Ronald M 172391


Accum Amt Recov: $0.00

UCR: DEQ Drug Narcotic Equipment

Local Status:

Crime Lab Number:


Released By:

Released To:

Reason:

Comments: glas pipe with residue in black eye glass case


Quantity:

Serial Nmbr:

Color: BLK

Tag Number: 3 OF4

Officer: Nate J

UCR Status: EIS





Custody: **:**:** **!**!**

Item: Supplies,office Owner Applied Nmbr:

Brand: Verbatim

Year: 0

Meas:

Total Value: $0.00

Owner: Franklin County Sheriff 115157


Accum Amt Recov: $0.00

UCR: MIS Miscellaneous

Local Status: EIS

Crime Lab Number:


Released By:

Released To:

Reason:

Comments: Interview w/Ron Krambule

Model:

Quantity:

Serial Nmbr:

Color: SIL

Tag Number: 4 OF 4

Officer: Hatch K

UCR Status: EIS

Storage Location: Locker




Custody: ** :** :** **/** /**

Page 9 of 10

03/05/14

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Name Involvements:

Complainant : 263716

Last: Willow Valley

Family Medicine

DOB: **!**/**

Race: Sex:

victim: 172378

Last: Krambule

DOB:

Race: w Sex: F

suspect: 172391

Last: Krambule

DOB:

Race: w Sex: M

First:

Dr Lie:

Phone: ()-

First: Marjorie

Phone: (208)646-2052

First: Ronald

Phone: () -

Page 10 of 10

Mid:

Address: 43 N 100 E

City: Preston, ID 83263

Mid: Balls

Address: 51 S 200 E

City: Franklin County, ID 8323 7

Mid: M

Address: 51 South 200 East

City: Franklin County, ID 83237

03/05/14

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FRANKLIN vUNTY SHERIFF PROPERTY RECEIPT

DATE:~TIME: \41:D LOCATION: 5 I S - 2a,:,5: ,fu PROPERTY RECEIVED FROM: \"'Oa.~oyj c, \?Yctm'Olt.k, µ:a)n ~11-

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: I f

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IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE.· _:: ,, .

STATE OF IDAHO, IN AND FOR THE COUNTY OEERANKLIN _ _ ~ .··· __

MAGISTRATE DIVISION

STATE OF IDAHO,

Plaintiff,

vs.


Defendant.

CASE NO. CR-2014- l '-1 (a

MINUTE ENTRY AND ORDER

An Affidavit of Probable Cause and Complaint having been presented to the undersigned Magistrate on this date charging the Defendant with the crime(s) of:

VIO (1) POSSESSION OF A CONTROLLED SUBSTANCE, METHAMPHETAMINE, a Felony, in violation of and contrary to Idaho Code§ 37-2732(c)(1 ).

( ~A ARRANT OF ARREST is issued setting bail in the amount of

( A SUMMONS is issued requiring the Defendant to appear to answer to the charge(s).

( ) A PROBABLE CAUSE determination is made requiring the incarceration of the Defendant until arraignment:

( ) Bail is set in the amount(s) of: Vio (1) $

( ) Bail is to be determined at arraignment.

IT IS SO ORDERED this _ft?._ day of March, 2014, and signed at/,., .y'l) o'clock (L.m.

ERi~ Magistrate Judge

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'-" -Kt:CEIVED

'F::i'-'','iL;!\i ~:OUNTY SHERIFF'S OFFICE PRESTON, l~A1~q

VIC A PEARSON °:'\TE:-· b -b:;2 4-Franklin County Prosecuting Attorn~~E: _ __._i ........... ~- l L: 1' ... :; - 7 39 West Oneida Preston, ID 83263 Telephone: (208) 852-9119 Facsimile: (208) 852-9112



MAGISTRATE DIVISION

STATE OF IDAHO,

vs. Plaintiff,

CASE NO. CR-2014- JL\~

CRIMINAL SUMMONS

MARJORIE BALLS KRAMBULE, Defendant.

ri-" ; !,, ;L,.~

THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE-NAMED DEFENDANT:

MARJORIE BALLS KRAMBULE 51 SOUTH 200 3 EAST

FRANKLIN, IDAHO 83237

YOU ARE HEREBY NOTIFIED, that a Criminal Complaint upon oath has been filed against you in the Magistrate Division of the District Court in and for the County of Franklin, by KAREN HATCH, Franklin County Sheriff's Office, Franklin County, State of Idaho, charging that you have committed the crime of POSSESSION OF A CONTROLLED SUBSTANCE, METHAMPHETAMINE, a Felony, in violation of and contrary to Idaho Code§ 37-2732(c)(1 ).

You are hereby directed to appear before the Court and plead to said Complaint on FRIDAY the l\'+-Y\ day of ~J , 2014, at Ci',OVct.\[(\,, o'clocka.m.

Be advised that if you fail to appear at said time and place, a Warrant for your arrest shall be issued.

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RETURN OF SERVICE I HEREBY CE~TIFY that I s~~ed the foregoing summons to the above-named

Defendant on this ((2 day of v'Vwoll\ , 201~.

Officer: ~e::::::::: Agency: fr-oil\ t r1 04 (sk k£

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State of Idaho Franklin County Sheriff Office

Civil Division Preston, ID 83263

Return on Criminal Subpoena

Process Number: 1400089 Court Number: CR-2014-246

I, David Fryar, Sheriff of Franklin County Sheriff Office do hereby certify

that I received the within and foregoing Criminal Subpoena on 7th day of March,

2014, for service on:

Defendant Marjorie Balls Krambule 51 S 200 E Franklin County, ID 83237

The same was: Served on: 6th day of March, Served to: Marjorie Krambule

51 S 200 E

2014 at 15:30:00 ()

by Nate J

Franklin County, ID 83237

Returned on the 7th day of March, 2014

I also certify that I endorsed on the said copy the date of service, signed my

name, and added my official title thereto.

Dated the 7th day of March, 2014

Fees: Service: Mileage: Other Total

0.00 0.00 0.00 0.00

David Fryar, Sheriff Franklin County Sheriff Office, Idaho

BY:

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Mar. 20. 2014 2:24PM P~DQISH LAW OFFICE 208-234-1244 v

No. 2001 P. 2

JOHN C. SOUZA , PLLC Attorney at Law

FILED

lltPIARH ""S: 2i P.O. Box 6359 Pocatello, Id 83205 FRANKLIN COUNTY ClERK

Ph: (208) 234-1234 Fax: (208) 234-1244 E-mail [email protected]

Attorney for Defendant

IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF FRANKLIN

DISTRICT COURT

STATE OF IDAHO,

Plaintiff,

-vs-


Defendant.

) ) ) ) ) ) ) ) )

Case No. CR-2014-0246

DEFENDANT'S REQUEST FOR DISCOVERY

COMES NOW, Defendant in the above-entitled matter and pursuant to Rule (16) of the

Idaho Criminal Rules submits the following requests for Discovery:

1. Defendant requests those materials specified for automatic disclosure by the

Prosecutor including, but not limited to, the following:

a) All evidence which tends to negate guilt of the accused in this offense.

b) All evidence which would tend to reduce the punishment in this case.

2. Any and all statements of the defendant which have been written, recorded, or

videotaped and the substance of any statement which may have been made orally, either before or

after the arrest, to peace officer, Prosecuting Attorney or his agent, or to any witness intended by

the State to be called in this case.

3. Any and all statements both written, recorded or video taped of the co-defendant

or co-conspirators in this case whether before or after arrest in response to interrogation or

contact by law enforcement agency or otherwise.

DEFENDANT'S REQUEST FOR DISCOVERY -1,

DEPUTY

41 of 219

Mar.20.2014 2:24PM P~ 0~ISH LAW OFFICE 208-234-1244 v

4. A copy of the defendant's prior criminal record.

No. 2001 P. 3

5. To permit the defendant to inspect copy or photograph books, papers, documents,

photographs, video tapes, tangible objects, buildings, places or copies or portions thereof which

are in the possession, control, or custody of the Prosecuting Attorney, or to which the Prosecuting

Attorney has access.

6. To allow the defendant to inspect, copy, or photograph results of any physical or

mental examination, scientific test, or experiments made in connections with this case.

7. Please furnish to the defendant a written list of names and addresses of all persons

having knowledge of relevant facts who may be called by the state as witnesses at the trial

together with any record of prior felony convictions, which is within the knowledge of the

Prosecuting Attorney after exercising due diligence.

8. . . Copies of all police reports, investigative reports and memoranda v.i:ithin the

Prosecutor's possession in connection with the investigation and prosecution of this case.

9. Pursuant to Rule (16) of the Idaho Criminal Rules the State has a continuing duty

to supplement such responses, and has a duty to exercise due diligence in the gathering and

discovering of such evidence.

10. Any and all tape recorded or written statements in the possession of the

Prosecuting Attorney pertaining to this case.

11. Any and all evidence intended to be introduced at Trial and/or Preliminary

Hearing in the above entitled matter.

DATED this~ day of MARCH, 2014.

DEFENDANT'SREQUESTFORDISCOV!RY

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Mar. 20. 2014 2:24PM Pftll-ll.ISH LAW OFFICE 208-234-1244 ..._..

CERTIFICATE OF SERVICE

No. 2001 P. 4

I hereb~ a true, full and correct copy of the foregoing was delivered as indicated below on this pctay of MARCH, 2014.

to: FRANKLIN COUNTY PROSECUTOR FAX: 852-9112

DEFENDANTS REQUEST FOR DISCOVERY .3-

[ ] Mailed, U.S. Postage prepaid [ ] Hand delivered [~Telefax

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IN THE DISTRICT COURT OF TH~ TH JUDICIAL DISTRICT OF THE '-" STATE OF IDAHO, IN AND FOR THE COUNTY OF FRANKLIN

F \l ED FELONY ARRAIGNMENT MINUTE ENTRY AND ORDER

14 APR 11 AH IQ: 32

FRANKLIN COUNTY CLERK

Case No. : CR-201 -DEPUTY

STATE v. Marjorie Balls Krambule 0000246 D.L.#: Date: 4/10/2014 ---Address: 51 S 200 E Franklin ID 83237 Judge: Eric S Hunn

DEFENDANT having been charged with the following: COUNT 1: Controlled Substance-Possession of

Defendant: [X] APPEARED

~I

(X)

(x) Advised of all rights and penalties per ICR 5, including right to remain silent, that statements may be used against him/her, right to bail, right to counsel, appointment of

Publi~~er~~i~ ~~~~j2~ __) ( ) Publi✓D~fender [ ] Granted ho:~~-~- ( ) Private Counsel ( ) Waived Reading Complaint ( ) Complaint Read by Court

( ) Bond set at $_____ ( ) Remanded to Custody of Sheriff

( ) Ordered Released

j( Other ~ ~ ( ) Own Recognizance

r:2,;f; &/4-44 R ~ Preliminary Hearing (ICR 5.1 ). The Prosecutor and Defendant, with attorney, if any, are ordered to appear for a Preliminary Hearing on .L/-/ f'· /'f at o?:t:Jt:} , to determine whether there is probable cause that a crime was committed and whether there is probable cause that Defendant committed the alleged crime(s) as charged in the Complaint. Motions to Continue must be submitted in writing at least 24 hours prior to the hearing.

Date £-//- It/

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FIL ED IN THE DISTRICT COURT OF THE SIXTH JUDICIA.L DISTl\-iii Af ~ 3·9

STATE OF IDAHO, IN AND FOR THE COUNTY OF Fl.L~~fN r'Jt ~: .

FR A t~I( LIN COUH~~~K OUESTION--:N'A.IRE ~4tr l

READ EACH OF THE FOLLOWING EIGHT STATEMENTS CA.REFULLY. INrff_l1!.T'BACH STiiliMENT ONLY IF YOU FEEL THAT YOU UNDERSTA..ND THE STATEMENT.

ty\~

~ ~

("\~

~~ {{\~

~(._

. (Y1.~

1.

2,

3.

4,

::i.

6.

7 . 8,

Y 'have rece~red a cop).' of the Co~:glaint charging you with the crime(s) of: __ iY,7(.~~ d (_S, ~~

You have the right to a preliminary hearing on each charge, At the preliminary hearing, the State must present evidence which shows that a crime has been committed and that there is probable cause to believe that you committed the crime. If the State is able to show that you probably committed the crime, you "Will be required to appear in District Court and enter a plea to the charge against you. You may waive (give up) your right to a preliminary hearing. If you waive your preliminary hearing, you will be required to appear in District Court to enter a plea to the charge against you. By waiving the right to a preliminary hearing, you DO NOT admit that you are guilty. By waiving the right to a preliminary hearing, you DO NOT WAlVE iLNY OTHER RIGHT which you have.

ANS\X'ER THE FOLLO\-XTING QUESTIONS:

1.

2.

Do you read and understand the English language? -~~--·e_S~---------

Have you discussed all the facts and circumstances of your case with your attorney? --¥~G~"v~_

3. Do you have any questions regarding the way in which your attorney has handled your case? /Ji)

4. Do you wish to waive your right to a preliminary hearing? ----"l~f-"-~=:.._:.;S_..__ ____ _

5. Has anyone promised you anythi!'1~ or threatened you in any way to get you to waive your right to a preliminary hearing? ~ fJ() -

G. Has your attorney frilly discussed this Questionnaire with you? __,.~,--t-'e-~~----

7. Du you ieel that you fully understand aU statements and questions in this Questionnaire? '(R.~

1/ I ~ DATED: --1l--4-L_/ ___ , zof!f_

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,: ILE 0

lit APR 18 ft112= 31 u.N.KUN_G_QUNTV CLERK

IN THE DISTRICT COURT OF THE SIXTH JU~n:;fA1. DISTRIC-

STATE OF IDAHO, IN AND FOR THE cotmn OF FRAN UMPUT

STATE OF IDAHO, vs CR-2014-246

...


Defendant.

MINUTE ENTRY AND ORDER HOLDING DEFENDANT TO

ANSWER AND COMMITMENT

DATE: April 18, 2014

APPEARANCES: Vic Pearson, Prosecuting Attorney John Souza, Counsel for Defendant

MATTER BEFORE THE COURT: Preliminary Hearing

[x] The defendant having waived the right to a Preliminary Hearing:

IT IS THEREFORE ORDERED:

That the defendant be held to answer in the District Court of the Sixth Judicial District

Court of the State of Idaho, in and for the County of Franklin, upon the charges of Count

I, POSSESSION OF A CONTROLLED SUBSTANCE, METHAMPTHETAMINE, a felony,

in violation of Idaho Code 37-2732(c)(1).

DATED: 04/18/14

MINUTE ENTRY AND ORDER - 1

1. The Clerk will notify the defendant of the next available date to appear for Arraignment in the District Court.

~!CS.HUNN Magistrate Judge

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CERTIFICATE OF MAILING/SERVICE

I hereby certify that on the 18th day of April, 2014, I faxed a true copy of the foregoing document on the attorney(s)/person(s) listed below by mail with correct postage or causing the same to be hand delivered or faxed.

Attorney(s)/Person(s):

Vic Pearson John Souza


Method of Service:

Faxed Faxed

Deputy Clerk

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39 West Oneida Preston, Idaho 83263

STATE OF IDAHO, ) )

Plaintiff. ) vs. ) Case No: CR-2014-0000246

) Marjorie Balls Krambule ) 51 S 200 E ) Franklin, ID 83237 ) NOTICE OF HEARING

) Defendant. )

DOB: ) DL or SSN: )

)

NOTICE IS HEREBY GIVEN that the above-entitled case is hereby set for:

Felony Arraignment Thursday, April 24, 2014 Judge: Mitchell W. Brown

09:00AM

I hereby certify that the foregoing is a true and correct copy of this Notice of Hearing entered by the Court and on file in this office. I further certify that copies of this Notice of Hearing were served as follows on this date: Friday, April 18, 2014.

Vic A Pearson Prosecuting Attorney

John C Souza: Attorney at Law

Notice of Hearing

- 1

Faxed to: (208) 852-9112

Faxed to: (208) 234-1244

By: ~ ~. Deputy Clerk

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-VIC A PEARSON Franklin County Prosecuting Attorney 39 West Oneida Preston, ID 83263 Telephone: (208) 852-9119 Facsimile: (208) 852-9112

FILED

1'4 APR 23 AM 8: 30 F;:; :. N~ LIN COUHi Y CLERK

DEPUTY



STATE OF IDAHO,

vs. )""C\l.

Plaintiff, ~4lo

CASE NO. CR-2014-.-r

CRIMINAL INFORMATION


Defendant.

Pursuant to Idaho Criminal Rule 7, the Franklin County Prosecuting Attorney

alleges by this Information that:

MARJORIE BALLS KRAMBULE, ft(lt ',)O (/ tv

has perpetrated against the State of Idaho the public offense of fOSSESSION

OF A CONTROLLED SUBSTANCE, METHAMPHETAMINE, a Felony, in violation of a1, l,.(... ~ ,~ -'L1>5"'

and contrary to Idaho Code§ 37-2732(c)(1 ), committed as follows, to-wit:

That the Defendant, MARJORIE BALLS KRAMBULE, on or about the 5th day of

March, 2014, in the County of Franklin, State of Idaho, did unlawfully possess a

controlled substance, to-wit: METHAMPHETAMINE, a Schedule II controlled substance,

all of which is against the peace and dignity of the State of Idaho.

Criminal Information - Page 1

49 of 219

...

DATED this 21 st day of April, 2014

VIC A PEARSON Prosecuting Attorney

... 2


I HEREBY CERTIFY that on the 21 st day of April, 2014 I served a true and correct copy of the above and foregoing document to the following person(s) as follows:

On:

HON. MITCHELL W. BROWN CHAMBERS COPY 159 SOUTH MAIN SODA SPRINGS, ID 83276

JOHN C. SOUZA ATTORNEY AT LAW P.O. BOX 6359 POCATELLO, ID 83205-6359

Criminal Information - Page 2

By:

[ ] U.S. MAIL, POSTAGE PRE-PAID [ ] HAND DELIVERY [v'] FAX No. 547-2147

[ ] [ ] [v']

U.S. MAIL, POSTAGE PRE-PAID HAND DELIVERY FAX No. 234-1244

c~RsoN

~·~

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APR 2 ~ 2014



STATE OF IDAHO,

Plaintiff,

vs

MARJORIE JUNE BALLS KRAMBULE,

Defendant.

* * * * * *

) ) ) ) Case No. CR-2014-246 ) ) ) MINUTE ENTRY & ORDER ) ) )

On April 24, 2014, the above-named Defendant appeared in Court with counsel, John C.

Souza, for arraignment. Vic A Pearson, Franklin County Prosecuting Attorney, appeared on

behalf of the State ofldaho. Rodney M. Felshaw acted as court reporter.

When asked by the Court, the Defendant stated that her full name is MARJORIE JUNE

BALLS KRAMBULE as shown on the Criminal Information. A certified copy of the Prosecuting

Attorney's Criminal Information was provided to the Defendant and the reading of the same was

waived.

The Defendant was advised by the Court that she was allowed a reasonable time of not

less than 24 hours before she could be required to enter a plea to the Information, but that she

could waive that right and enter a plea at this time. The Defendant waived the time in which to

enter a plea and entered a plea of NOT GUILTY to the charge of: POSSESSION OF A

CONTROLLED SUBSTANCE, METHAMPHET AMINE, felony, in violation of Idaho Code

§37-27-32(c)(l), as described in the Criminal Information. The Court continued Defendant on an


51 of 219

own recognizance release. The Court outlined the terms and conditions that would control

Defendant's own recognizance release as outlined in Appendix A to Bail Order, attached and

incorporated herein as though set out at length.

IT IS THEREFORE ORDERED that this matter shall be set for FURTHER

PROCEEDINGS on May 29, 2014 at 9:00 a.m. The parties need only appear if they have

reached a resolution of this matter. If there is no resolution, the parties are to notify the Court,

Prosecuting Attorney, Sheriff's Office (if incarcerated) and Defendant one (1) day prior to the

above stated hearing.

IT IS HEREBY ORDERED that this matter shall be set for JURY TRIAL PRETRIAL

July 10, 2014 at 9:00 a.m.

IT IS HEREBY ORDERED that this case is hereby set for JURY TRIAL before the

undersigned District Judge on July 28-29, 2014 at 9:00 a.m., on a ''to follow" basis.

IT IS SO ORDERED.

Dated this 24th day of April, 2014.


MITCHELL W. BROWN District Judge

52 of 219


I hereby certify that on this 12th day of May, 2014, I mailed/served a true copy of the foregoing document on the attorney(s)/person(s) listed below by the method indicated:



John C. Souza Attorney for Defendant


Method of Service:

FAXED: 852-9112

FAXED: 234-1244

By: ftirrla. 1/Q/fr/Jtolf, Deputy Clerk ,

53 of 219

APPENDIX A TO BAIL ORDER

THOSE TERMS MARKED [X] SHALL BE PART OF BAIL ORDER

IT IS FURTHER ORDERED THAT THE FOLLOWING SHALL BE THE TERMS AND CONDITIONS OF BAIL IMPOSED BY THIS COURT:

1. [X] OWN RECOGNIZANCE

2. [X] CONTACT: Defendant must maintain contact with counsel by providing a current address and telephone number.

3. [X] APPEARANCES AT COURT: Defendant will personally appear at all further proceedings of this Court unless excused by the Court.

4. [X] CRIMINAL CONDUCT: Defendant shall not violate any criminal law or ordinance of the United States, or of any State or local government, wherein the standard fine or bond forfeiture of more than $150.00 could be imposed as a penalty.

5. [X] PROIDBITED RELATIONSHIPS: Defendant shall not associate with any person on probation, parole, pretrial release, or involved in criminal activity.

6. [X] POSSESSION/USE OF ALCOHOL: Defendant shall not consume or possess alcohol or enter any establishment where the sale of alcohol is a primary source of income.

7. [X] POSSESSION/USE OF DRUGS: Defendant shall not use or possess any controlled substances.

8. [X] TESTS FOR ALCOHOL/DRUG ABUSE: Defendant shall submit, at own expense, to any blood, breath and/or urine analysis at the request of the Court or any law enforcement official.

9. [X] RESIDENCE: Defendant shall not change residence without first notifying your attorney.

10. [X] STATE OF IDAHO: Defendant shall not leave the State of Idaho without the permission of your attorney.

11. [X] OTHER: Defendant shall follow and use all medications as prescribed.


54 of 219



* * * * * *

STATE OF IDAHO,

Plaintiff, Case No. CR-2014-246

vs ORDER FOR JURY TRIAL


Defendant.

IT IS HEREBY ORDERED:

This cause is set for trial and pretrial schedule as follows:

PRETRIAL CONFERENCE:

DATE: July 10, 2014 TIME: 9:00 a.m. PLACE: Franklin County Courthouse

JURY TRIAL:

DATE: July 28-29, 2014 TIME: 9:00 a.m. PLACE: Franklin County Courthouse ESTIMATED NUMBER OF DAYS: Two (2) days

APR 24 2014

MULTIPLE SETTINGS: In the event this cause is one of two or more set for the same

date and time, it is the responsibility of counsel to inform themselves of their position upon the trial

calendar. In the event a case cannot be tried on the date indicated, every effort will be made to reset

ORDER FOR JURY TRIAL - I

55 of 219

at the next available courtroom opening.

NOTICE OF CONFLICT IN SCHEDULE: The Court will be notified within fourteen

(14) days hereof of any pre-existing schedule conflict. No other motion for continuance will be

considered except upon written motion and hearing pursuant to notice and attended by counsel and

the parties, together with a written waiver of Speedy Trial rights signed by Defendant and

approved by Defendant's counsel.

The following pre-trial schedule will be followed:

1. DISCOVERY COMPLETION:

The discovery cut-off date is twenty-eight (28) days before trial. Discovery requests shall

have been served sufficiently in advance of this date to require responses to such requests to be filed

by this date. Motions for compulsion, sanctions and/or extensions will be filed in advance of this

date.

2. MOTION DEADLINE:

Except as otherwise specifically provided by the Idaho Criminal Rules, motion cut-off date

is twenty-eight (28) days before trial In addition to other requirements of the Rules or Orders of

this Court, if any, all motions filed with this Court must be supported by a memorandum of position

and authorities, which shall be concise and direct. Adverse parties shall oppose in the same

manner. Failure of the moving party to file will be deemed a waiver of the motion. Failure of the

adverse party to file will be deemed consent to sustaining the motion.

3. ATTORNEYS PRETRIAL CONFERENCE AND ORDER:

An attorney pretrial conference shall be held and a pretrial report prepared and filed as

provided by this court's separate order, if any. If none issued, each party shall furnish the court, and

other party, not less than 14 days prior to trial, a list of all witnesses, except rebuttal, and a list of all

exhibits.

4. POINTS AND AUTHORITIES:

Pretrial POINTS AND AUTHORITIES are required on all substantive, procedural or

evidentiary issues anticipated and shall be filed not less than fourteen (14) days prior to date of

trial.

ORDER FOR JURY TRIAL - 2

56 of 219

5. JURY INSTRUCTIONS AND VERDICT FORMS:

Each party shall file requested JURY INSTRUCTIONS and PROPOSED VERDICT

FORMS not less than fourteen (14) days prior to date of trial.

6. PLEA AGREEMENT:

In the event a plea bargain is reached in this matter a written plea agreement must be

submitted to the court fourteen (14) days prior to date of trial. If the plea agreement is submitted

after the prospective jurors have been summoned for jury duty sanctions may be imposed.

7. LODGING AT RESIDENT CHAMBERS: "All" documents filed shall include the Court on

the Certificate of Mailing, with courtesy copies mailed or faxed (but not both) to the Court's

chambers in Soda Springs, Idaho. Address: 159 South Main, Soda Springs, ID 83276 Fax#

(208) 547-2147

Dated this 24th day of April, 2014.



I HEREBY CERTIFY that on the 12th day of May, 2014, I mailed/served a true copy of the foregoing document on the attorney(s)/person(s) listed below by the method indicated:



John Souza Attorney for Defendant

Franklin County Sheriffs Office

ORDER FOR JURY TRIAL - 3

Method of Service:

Faxed: 852-9112

Faxed: 234-1244

Faxed: 852-2580

By: Linda Hampton, Deputy Clerk

57 of 219

MAY 2 9 2014



STATE OF IDAHO,

Plaintiff,

vs


Defendant.

* * * * * *


________________ )

On May 29, 2014, the above-named Defendant appeared in Court with counsel, John C.

Souza, for further proceedings. Vic A Pearson, Franklin County Prosecuting Attorney, appeared for

and on behalf of the State ofldaho. Rodney M. Felshaw acted as court reporter.

The parties advised the Court that there had been no resolution concerning this matter. The

Court advised that this matter will continue on the Court's trial calendar.

Pursuant to the terms of Defendant's previous pre-trial release, the Court asked the

Defendant to submit to a drug and alcohol test to determine if she was in compliance with her

release. The Defendant was negative for any illegal substances and the Court ordered that the

Defendant shall continue compliance with the terms and conditions previously set out at length.

Dated this 29th day of May, 2014.



58 of 219


I hereby certify that on the 2nd day of June, 2014, I mailed/served a true copy of the Minute Entry and Order on the attorney(s)/person(s) listed below by mail with correct postage or causing the same to be hand delivered.





Method of Service:

Faxed: 852-9112

Faxed: 234-1244


59 of 219



STATE OF IDAHO, ) Plaintiff. )

vs. ) ) Case No: CR-2014-0000246

Marjorie Balls Krambule ) 51 S 200 E ) Franklin, ID 83237 ) AMENDED

) NOTICE OF HEARING )

DOB: ) DL or SSN: )

) )


Jury Trial Pretrial Tuesday, July 15, 2014 01 :30 PM Judge: Mitchell W. Brown

I hereby certify that the foregoing is a true and correct copy of this Notice of Hearing entered by the Court and on file in this office. I further certify that copies of this Notice of Hearing were served as follows on this date: Wednesday, July 09, 2014.



Notice of Hearing

- I

Faxed to: (208) 852-9112

Faxed to: (208) 234-1244


60 of 219

Fl LED

14 JUL I 5 PN 5: t. 3

IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTilrtTtlf~Uh~· y CLERK

STATE OF IDAHO, IN AND FOR THE COUNTY OF FkA~N-.:rKLn;nrn:,;;i-r-----D---t-Pl_ll_Y

* * * * * *

STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) )

Plaintiff~ Case No. CR-2014-246

vs MINUTE ENTRY & ORDER


Defendant.

On July 15, 2014, the above-named Defendant appeared in Court with counsel, John C.

Souza, for a jury pretrial conference. Vic A Pearson, Franklin County Prosecuting Attorney

appeared for and on behalf of the State ofldaho. Rodney M. Felshaw acted as court reporter.

Defendant informed the Court that this case had not been resolved and will continue to jury

trial on July 28-29, 2014. Defendant's counsel, John C. Souza, advised the Court that all offers of

settlement from the prosecutor had been communicated and discussed with the Defendant.

The Court conducted a jury pretrial conference and informed counsel that sixty-five (65)

jurors will be summoned and that each side will be afforded seven (7) preemptory challenges.

Thirteen (13) jurors will be empaneled.

The Court noted that jury instructions, exhibits and witness lists are to be submitted on or

before July 21, 2014 by 5 :00 p.m. Counsel informed the Court of the possible witnesses to be

called at trial. Mr. Souza indicated that he might be calling the Defendant's spouse, Ronald

Krambule, who is currently incarcerated serving a retained jurisdiction sentence. The Court stated

MINUTE ENTRY AND ORDER - I

61 of 219

that Mr. Souza should make that determination as soon as possible and would be responsible to

submit an order to transport and/or a motion and hearing on the application of the spousal privilege.

IT IS SO ORDERED.

Dated this 15th day of July, 2014.



I hereby certify that on the 15th day of July, 2014, I mailed/served a true copy of the foregoing Minute Entry and Order on the attorney(s)/person(s) listed below by the method indicated:




MINUTE ENTRY AND ORDER· 2

Method of Service:

Faxed: 852-9112

Faxed: 234-1244


62 of 219

VIC A PEARSON FIL ED

Franklin County Prosecuting Attorney 39 West Oneida

14 JUL 21 AH 11: 55

Preston, ID 83263 Telephone: (208) 852-9119 Facsimile: (208) 852-9112



STATE OF IDAHO,

Plaintiff,

vs.


Defendant

CASE NO. CR-2014-246

STATE'S PROPOSED JURY INSTRUCTIONS

COMES NOW, the State of Idaho, by and through the Franklin County

Prosecuting attorney, Vic A Pearson, and submits the following proposed Jury

Instructions Numbers 1-24 and a Proposed Verdict Form, together with a "clean copy"

and electronic copy of said instructions for the Court's convenience.

DATED this d l.si day of July, 2014.

VIC A PEARSON, Prosecuting Attorney

GF'IJT ·r

63 of 219


I HEREBY CERTIFY that on the .J, \ day of July, 2014 I served a true and correct copy of the State's Proposed Jury Instructions (Hard copy only) as set forth below:

On:

HON. MITCHELL W. BROWN CHAMBERS COPY 159 SOUTH MAIN SODA SPRINGS, ID 83276

JOHN C. SOUZA ATTORNEY AT LAW PO BOX 6359 POCATELLO, ID 83205-6359

By:

[ ] U.S. MAIL, POSTAGE PRE-PAID [ ] HAND DELIVERY p4° FAX No 547-2147

[ ] U.S. MAIL, POSTAGE PRE-PAID [ ] HAND DELIVERY

J.>

64 of 219

Ju1.21. 2014 3:19PM PARRISH LAW OFFICE 208-234-1244

'-'

JOHN C. SOUZA. PLLC Attorney at Law P.O. Box 6359 Pocatello, Id 83205 Ph: (208) 234-1234 Fax: (208) 234-1244 E-mail [email protected]


No. 3575 · P. 2

FILED

I l+ JUL 2 I PH ~: ~,

; ,.:r,xlr;; :ill'"dJ[)ERK [;f.YUT Y

IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF 11IE STATE OF IDAHO, 1N AND FOR THE COUNTY OF FRANKLIN

DISTRJCT COURT

STATE OF IDAHO,

Plaintiff,

-vs-

MARJORIE BALLS KRAlvfBULE,

Defendant.

) ) ) ) ) ) ) ) )

Case No. CR-2014-246

DEFENDANT'S REQUESTED .JURY INSTRUCTIONS

COMES NOW the Defendant in the above entitled matter, acting by and through counsel

of record, John C. Souza, and hereby submits the following Requested Jury Instructions,

numbered 1 through 14.

1. JCJI 101 - NATURE OF TRJAL;

2. ICJI 102 - THE CHARGE~ INSTRUCTION INCLUDED;

3. !CJ! 103 - REASONABLE DOUBT;

4. ICJI 104 - TRXAL PROCEDURE AND EVIDENCE;

5. ICJI 105 - DUTY OF COURT;

6. ICJI 106 - PUNISHMENT NOT A CONCERN;

7. ICJI 107-NoTE TAKING;

8. lCJI 108 - CONDUCT OF JURORS;

9. ICJI 301 - EFFECT OF DEFENDANT'S ELECTION Nor TO TESTIFY- INSTRUCTION

DEFENDANT'S REQUESTED JURY INSTRUCTIONS CR-2014-0246 •l•

65 of 219

Ju1.21. 2014 3:19PM PARRISH LAW OFFICE 208-234-1244 \..,,,

INCLUDED;

l 0. ICJI 403 - CHARGE - INSTRUCTION INCLUDED;

11. ICJI 201 - ROLE OF JUDGE AND JURY;

No. 3575 P. 3

12. ICJI 202 - DETERMINING FACTS FROM THE EVIDENCE AND DISREGARDlNG NON-

EVIDENCE;

13. ICJI 207 - PRESIDING JUROR;

14. ICJI 220 - VERDICT FORM-INSTRUCTION INCLUDED.

. ')I~ DA TED this~ day of JULY, 2014.

· DEFENDANTS REQUESTED JURY INSTRUCTIONS CR-2014-0246 -2-

66 of 219

Jul.23.2014 3:11PM PAPRISH LAW OFFICE 208-234-1244 "-

No. 3590 P. 2

JOHN C. SOUZA, PLLC Attorney at Law ISB 1603 P.O. Box 6359 Pocatello, Id 83205 Ph: (208) 234-1234 Fax: (208) 234-1244 E-mail [email protected]


DIS1RICT COURT

STATE OF IDAHO,

Plaintiff,

-vs-


Defendant.

) ) ) ) ) ) ) ) )

Case No. CR-2014-0246

DEFENDANT'S MOTION TO CONTINUE CRIMINAL TRIAL

Defendant, MARJORIE BALLS KRAMBULE, by and through counsel of record, JOHN

C. SOU~ hereby moves this Court for an Order continuing the trial of this matter, currently set to

begin on the 28™ day of JULY, 2014. Defendant personally certifies that she has discussed this

matter with counsel, agrees to the continuance of the currently scheduled trial date, and understands

that this motion constitutes an extension of any speedy trial rights the Defendant may have. The

reason for this request for continuance is that the Defendant's Mother passed away at 3:00 a.m.

July, 23, 2014. Defendant will provide the Court with an Obituary as soon as one is available.

IT IS SO MOVED.

DATED nus 23RD DAY OF JULY, 2014

DEFENDANT'S MOTION TO CONTINUE TRIAL CR.-20{4-0246

67 of 219

Ju1. 23. 2014 3:11PM PAPPISH LAW OFFICE 208-234-1244 No. 3590 P. 3 '-"


I hereby certify a true, full and correct copy of the foregoing was delivered as indicated below on this 23RD day of JULY, 2014.

to: FRANKLIN COUN1Y PROSECUTOR FAX: 852-9112

HON. MITCHELL W. BROWN FAX: 547-2147

DEFENDANT'S MOTION TO CONTINUE TRIAL CR-2014-0246

[ ] Mailed, U.S. Postage prepaid [ _ J Hand delivered [ Kl Telefax

[ ] Mailed, U.S. Postage prepaid [ ) Hand delivered [Kl Telefax

2

68 of 219

Jul. 24. 2014 2:59PM PARRISH LAW OFFICE 208-234-1244 '-'

No. 3604 P. 2

FILED JOHN C. SOUZA, PLLC Attorney at Law

14 JUL 2t. ,H 4: 02 P.O. Box 6359 Pocatello, Id 83205 Ph: (208) 234-1234 Fax: (208) 234-1244 E-mail souza(@Jawver.com


IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNfY OF FRANKLIN

DISTRICT COURT

STATE OF IDAHO,

Plaintiff,

-vs-


Defendant.

) ) ) Case No. CR2014-246 ) ) MOTIONINLIMINE ) ) ) )

COMES NOW the Defendant in the above-entitled matter and hereby submits the

following Motion in Limine:

1. That the State not be allowed to make any reference to the 380 Taurus firearm;

1l(P1JT Y

2. That the State not be allowed to present any testimony referencing the 380 Taurus Firearm;

3. That the State not be allowed to introduce any photographic evidence of the 380

Taurus Firearm; 4. That the State not be allowed to introduce any reports that refer to the 380 Taurus

Firearm. IT IS SO MOVED.

DATED this2'1'Jay of JULY, 2014.

MOTION IN LlMINE 1

C.SOUZA nYGu,,ey for Defendant

69 of 219

Jul. 24. 2014 3:00PM PARRISH LAW OFFICE 208-234-1244 No. 3604 P. 3 \,....,

CERTIFICAIB OF SERVICE

I hereby_~fy a true, full and correct copy of the foregoing was delivered as indicated below on this .cl:f'ilay of JULY, 2014,

to: FRANKLIN COUNTY PROSECUTOR FAX: 852-9112

HON. MITCHELL W. BROWN FAX: 547-2147 nJDGE'S COPY

MOilON IN LIMINE 2

( ] Mailed, U.S. Postage prepaid [ ] Hand delivered [ p(J Telefax

[ ] Mailed, U.S. Postage prepaid [ ] Hand delivered [,t._] Telefax

70 of 219



STATE OF IDAHO, ) )

Plaintiff. ) vs. ) Case No: CR-2014-0000246

) Marjorie Balls Krambule ) 51 S 200 E ) Franklin, ID 83237 ) NOTICE OF HEARING

) Defendant. )

DOB: ) DL or SSN: )

)


Motion in Limine Thursday, July 31, 2014 09:00AM Judge: Mitchell W. Brown

I hereby certify that the foregoing is a true and correct copy of this Notice of Hearing entered by the Court and on file in this office. I further certify that copies of this Notice of Hearing were served as follows on this date: Friday, July 25, 2014.



Notice of Hearing

- I

Faxed to: (208) 852-9112

Faxed to: (208) 234-1244


71 of 219

JUL/25/2014/FRI 09:26 AM Ju I. 2 3. 2 0 14 3 : 12 PM

FAX No. ~RISH LAW OFFICE 208-234-1244

P. 001 No. 3591 P. 4/5

FILED

JOHN C. SOUZA, PLLC Attorney at Law

I 4 JUL 25 P'H f: IS

ISB 1603 P.O. Box 6359 · Pocatello, Id 83205 Ph: (208) 234-1234 Fax: (208) 234-1244 E-mail ~ouza®lawyer.com

IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTIUCT OF THE STATE OF IDAHO, IN AND FOR TIIE COUNTY OF FRANKLIN

DlSlRICT COURT

STATE OF IDAHO,

Plaintiff:

-vs-

-MARJORIE BALLS KRAMBULE;

Defendant

) ) Case No. CR-2014-0246 ) ) ) . ORDER TO CONTINUE ) CRIMINAL TRIAL ) ) )

The Court, having considered the Defendant's MOTION TO CONTINUE CRIMINAL

TRIAL, hereby GRANTS the same, and resets this ~tter for Jury Trial on the _ _; 30 ~aay

of .Stf~~ at 9:00 a.m. .

DEPUT (

IT IS SO ORDERED . w.~ ~-

ORDER TO CONTINUE OUMINAL 'rtuAL CR-2014-0246

District Judge

72 of 219

JUL/25/20!4/FRI 09:26 AM FAX No. P. 002 Jul. 23. 2014 3: 12PM ~RISH LAW OFFICE 208-234-1244 No, 3591 P, 5/5

CER1fflCATE OF SERVICE

I HEREBY CERTIFY that on the 6J.5 day of JULY, 2014, I served a true and correct copy of the foregoing document upon each of the following individuals in the manner indicated.

Franklin Cotmty Prosecutor

John C. Souza

DATEDthis :JS dayofJULY,2014.

ORDER TO CONTINUE CRIMINAL TRIAL CR-2OJ4-0246

( ) U.S. Mail ( ) Email ( ) Hand Deliver 9¢ Facsimile

( ) U.S. Mail () Email ( ) Hand Delivor ~Facsimile

2

73 of 219

, ;::] · , ____ n_,,.,,,_, .. l~; 1 r·"' \• ·~ I JL.. II 1 :c : Ir. ,...;_.!~~L~~ I 1,;

.11 1 r~_ UL: 2)-5;" 2_014 Jl LJ ),_, i LJ L.:.:-=: ____ r-' ~ I FRANKLIN COUNTY CLER'. . _____ , _____ _



STATE OF IDAHO,

Plaintiff,

vs


Defendant.

* * * * * *


-----------)

On July 25, 2014, John C. Souza, counsel for Defendant and Vic A Pearson, Franklin

County Prosecuting Attorney, appeared for and on behalf of the State of Idaho. The Defendant did

not appear. All parties, including the Court, appeared telephonically. Rodney M. Felshaw acted as

court reporter.

On July 23, 2014 Defendant's Motion to Continue Criminal Trial was submitted by the

Defendant. This hearing was being held on an expedited manner inasmuch as the trial is currently

set for Monday, July 28, 2014. Mr. Souza, Defendant's counsel, relayed information regarding the

passing of Defendant's mother and that the funeral services will be held on Tuesday, July 29, 2014.

Mr. Souza indicated that he did notify the Defendant that she would need to submit a death notice

or obituary to the Court. Given the circumstances, the State did not object to the continuance.

Based upon the circumstances and non-objection from the State, the Court continued the jury trial

to September 30-October 1, 2014 at 9:00 a.m.

A Motion in Limine was filed on July 24, 2014 requesting that a hearing be set. The Court

MINUTE ENTRY AND ORDER - I

74 of 219

set this motion for hearing on Thursday, July 31, 2014 at 9:00 a.m. Mr. Souza asked the Court if

it would excuse the Defendant from appearing at the hearing. The State did not object and the

Court excused the Defendant from appearing at the hearing.

IT IS SO ORDERED.

Dated this 25th day of July, 2014.



I hereby certify that on the 25th day of July, 2014, I mailed/served a true copy of the Minute Entry and Order on the attorney(s)/person(s) listed below by mail with correct postage or causing the same to be hand delivered.





Method of Service:

Faxed: 852-9112

Faxed: 234-1244


75 of 219

SEP 03 2014



STATE OF IDAHO,

Plaintiff,

vs


Defendant.

* * * * * *

) ) ) ) Case No. CR-2014-246 ) ) ) MINUTE ENTRY & ORDER ) ) ) __________ )

On September 3, 2014, an informal conference was held in chambers with John C. Souza,

counsel for Defendant and Vic A Pearson, Franklin County Prosecuting Attorney. The State

advised that the Court that the officers that would be called as witnesses in this trial had training

scheduled on the same day as the jury trial which is set to begin on September 30, 2014. The State

requested that the jury trial be rescheduled for October 14-15, 2014. The Defendant did not oppose

the State's request.

Documents

State v. Krambule Clerk's Record Dckt. 44433 · 2020. 3. 1. · 7/25/2014 7/31/2014 Code DCHH MEOR CONT HRSC DCHH MEOR MISC MISC MOTN MOTN HRSC JTVC HRSC HRSC DCHH ORDR MEOR DCHH