TRIAL OF CHAD DAYBELL CHARGED WITH MURDER OF JJ VALLOW, TYLEE RYAN AND TAMMY DAYBELL #5

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fingers crossed!!!

Not prejudicial to defendant.

Can the court allow amendment? Yes, wording of count 4 should never have been changed.
Juries can be provided with a curative instruction.
Judge needs to figure out the mechanism.

YES! Count 4 still stands!
 
aafromaa said:
I had to leave and am just getting back to it. What in the world is going on? How could they mess up an indictment like that and no one catch it until the judge does on the last day of the state’s case ini chief? I’m stunned.
Click to expand...
Apparently, Prior knew also-- look at the last sentence

2:57 p.m. Prior cites a rule that says the court can allow an amendment before the state rests – but not after. Prior says the state doesn’t have any right to ask for a various or amendment at this point in the trial. “They have to make any amendment and correction prior to resting their case,” Prior says. He says four lawyers have had over a year to analyze this and after they rest their case, the court corrected it. Prior says he wasn’t going to tip the court off that there was a problem.
 
So thankful for Judge Boyce.
I feel like Prior was flying solo and has worked as hard as he possibly could for his client.

Even if Chad had four lawyers, they could make a lot of hay about this and cite more court cases but there is one thing no one could change.
Chad is a monster who thought he could live off the lives of others, killing as many as got in the way, and selling himself as a prophet.

He has a much greater judge to face.
 
Well it just seems that was logical and explained well. It was clear from when and how the charges were changed that this was a clerical error. It was correct, then the charges that were amended did not even include #4 and then when the others were changed, that one had the exact same dates/wording as another count. I think he laid it out well how the error happened and that it truly was clerical. Also by saying the defense had the original indictment for YEARS with the correct dates means they had plenty of time to plan and prepare their case.
 
Classy ruling by Boyce as usual. Motion to dismiss is denied and how to fix this for the jury is deferred.

Boyce spent a lot of time on the bench articulating why this error does not create prejudice against Chad. The correct charges were out there many more months than the incorrect ones. And the defense attorney himself didn't bring it up.

Interesting that the charge was never supposed to be changed. It accidentally was altered amending a different charge.

MOO
 
First Judge I've wanted to kiss on the mouth since Judge Werner.

And yes, I'm considering a drink. Or a valium. I feel wrecked.

But nothing compared to Kay and Larry. All strength and peace to them right now.
 
Prior's motion for acquittal is also denied, as to Count 4 of the Indictment. Order will be forthcoming from Judge Boyce as to how to correct the inadvertent mistake of date range. Court now in recess until Monday morning, 20 May 2024.
 
Spartygirl said:
Apparently, Prior knew also-- look at the last sentence

2:57 p.m. Prior cites a rule that says the court can allow an amendment before the state rests – but not after. Prior says the state doesn’t have any right to ask for a various or amendment at this point in the trial. “They have to make any amendment and correction prior to resting their case,” Prior says. He says four lawyers have had over a year to analyze this and after they rest their case, the court corrected it. Prior says he wasn’t going to tip the court off that there was a problem.
Click to expand...
Spartygirl said:
Apparently, Prior knew also-- look at the last sentence

2:57 p.m. Prior cites a rule that says the court can allow an amendment before the state rests – but not after. Prior says the state doesn’t have any right to ask for a various or amendment at this point in the trial. “They have to make any amendment and correction prior to resting their case,” Prior says. He says four lawyers have had over a year to analyze this and after they rest their case, the court corrected it. Prior says he wasn’t going to tip the court off that there was a problem.
Click to expand...
but...JP repeats alot of what the court would say during trial...I dont think he saw it.
 
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