Newly found transcripts do nothing to change the case of convicted killer Ronald Lafferty, a self-proclaimed prophet who slashed the throats of his sister-in-law and her daughter, the Utah Supreme Court has decided.

The court, in a 4-1 decision, ruled that previously unexamined court transcripts do not show Lafferty was incompetent to stand trial.Lafferty's appeal of his death sentence now returns to federal court. One year ago, U.S. District Judge J. Thomas Greene stayed Lafferty's June 24, 1988, execution date after ruling the state court did not have access to a complete transcript of the case when it denied an earlier appeal. He also said he could not rule on the case without the complete transcript, and he put Lafferty's appeal on hold until the state court ruled on the new evidence.

State prosecutor Sandra Sjogren said Thursday the state now will wait until Greene rules on the appeal before seeking another death warrant.

The transcripts contained records of hearings held to determine whether Lafferty was sane enough to be tried for the throat-slashing deaths of Brenda Wright Lafferty and her 15-month-old daughter, Erica, at their American Fork home.

Lafferty's attorneys said the transcripts showed their client did not fully understand what he was doing when he agreed to waive his right to use an insanity defense.

Mike Esplin, one of Lafferty's attorneys, said records of testimony by Lafferty and a court-appointed psychiatrist who found him competent to stand trial had been omitted from the transcripts justices considered in denying an appeal.

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The Utah Supreme Court decision, written by Justice Michael Zimmerman, said the transcripts add nothing of substance to the case and do not change the court's original decision.

Only Justice Christine Durham dissented, saying the court should rehear the question of whether Lafferty was sane enough to stand trial. She said the transcripts show Lafferty acted differently in court after a suicide attempt.

"The contrast is so marked that my view of the import of the expert testimony about his competence is changed significantly," she wrote.

Lafferty, 46, was given the death sentence for the July 24, 1984, murders. Lafferty claimed to have been ordered by God in a revelation to kill the woman and infant. His brother, Dan Lafferty, also was convicted in the slayings but was sentenced to two life prison terms.

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