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Chief Judge Amanda Hopkins said both parties agreed to have the court toll by the end of January 2027. Hopkins asked Morphew, who was present, if he understood he was waiving his constitutional right to have a speedy trial, one that starts six months from the time a plea is entered. Morphew answered affirmatively and said he wasn’t being forced to have the trial outside the six month window.
Hopkins then set the jury trial to start Oct. 13, for an anticipated six weeks. Morphew’s lawyer David Beller said he believes the trial could take less than six weeks.
Anne Kelly, representing the 12th Judicial District, said with the holidays pushing close to that Nov. 20 date, she appreciates having until the end of January to be fully resolved.
Hopkins then set out the schedule for filing motions. She said first motions must be filed by 11:59 p.m. April 13.
Responses must be filed by 11:59 p.m. May 29 and replies due by 11:59 p.m. June 22.
She will hear motions the week of July 6-10.
For 12B motions, which allow a motion to be dismissed for failure to state a claim on which relief can be granted, they are due within 21 days of Jan. 12. Those motions will be heard first, the judge said.
Hopkins then asked the two parties if they thought it would be helpful to have a status conference to check in before July 6.
They both agreed it would, and one was set for 1:30 p.m. March 9.
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Barry Morphew pleads not guilty and waives speedy trial in first-degree murder case of his late wife. Jury trial set for October 2026.
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