Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #54

[ivegotthemic]

Below is a link and at very top it summarizes the Double Jeopardy clause and like anything else with legal stipulations it is a little confusing. lol

I missed that other lawyer's comments about his theory but after reading through the example cases that are listed below the summary, I am starting to understand why that lawyer may have had concerns about it.
Its not as clear cut and dry as we would think it was.

Double Jeopardy

Technically the double jeopardy provision of the Fifth Amendment does not stand as a bar to a federal prosecution even though a state conviction based on the same acts has already been obtained, the Supreme Court ruled in Jerome v. U.S., 318 U.S. 101, 63 S. Ct. 483, 87 L. Ed. 640 (1943). So if in the current case for whatever reason LV or CD were not found guilty of murder they could technically then be charged at the federal level for the same acts without invoking double jeopardy

I was also able to find a precedent that if prosecutors choose not to file homicide charges in the current proceedings, they may be able to file a separate case at the state level without invoking double jeopardy

The Double Jeopardy Clause did not prohibit a state from continuing its prosecution of a defendant on the charges of murder and aggravated robbery after the defendant pled guilty to two lesser offenses arising from the same episode, held the United States Supreme Court in Ohio v. Johnson, 467 U.S. 493, 104 S. Ct. 2536, 81 L. Ed. 2d 425 (1984).

However, if they dont feel the case is strong enough to file murder charges now it seems unlikely that would change in the future. I have no idea if they would retry, but there are a couple of options if that route becomes necessary

 

[Tortoise]

MM filed in support of Joinder? I’ve been dying to read it! Can you link that? I’m real lazy.

All the court filings in both cases can be found at this link : Idaho Judicial Cases of Interest

CR22-20-0838 - Fremont County
State of Idaho v. Lori Norene Vallow aka Lori Norene Daybell

• 09/14/2020 Notice of Nonobjection Re: Motion for Joinder
• 09/14/2020 Motion Re: Clothing
• 09/15/2020 Order Re: Clothing

Also, latest new hearing dates for CD:

CR22-20-0755 - Fremont County
State of Idaho v. Chad Guy Daybell

• 09/15/2020 Notice of Hearing

 

[Monger]

All the court filings in both cases can be found at this link : Idaho Judicial Cases of Interest

CR22-20-0838 - Fremont County
State of Idaho v. Lori Norene Vallow aka Lori Norene Daybell

• 09/14/2020 Notice of Nonobjection Re: Motion for Joinder
• 09/14/2020 Motion Re: Clothing
• 09/15/2020 Order Re: Clothing

Also, latest new hearing dates for CD:

CR22-20-0755 - Fremont County
State of Idaho v. Chad Guy Daybell

• 09/15/2020 Notice of Hearing

THANK YOU SO MUCH!!! Wow that’s interesting. I’ll keep that link handy. So IMO, LVD may be throwing CD under the bus.

 

[Monger]

All the court filings in both cases can be found at this link : Idaho Judicial Cases of Interest

CR22-20-0838 - Fremont County
State of Idaho v. Lori Norene Vallow aka Lori Norene Daybell

• 09/14/2020 Notice of Nonobjection Re: Motion for Joinder
• 09/14/2020 Motion Re: Clothing
• 09/15/2020 Order Re: Clothing

Also, latest new hearing dates for CD:

CR22-20-0755 - Fremont County
State of Idaho v. Chad Guy Daybell

• 09/15/2020 Notice of Hearing

Also I’m sad the motion to dismiss hearing isn’t until 10/29/20. So far away for an impatient person.

 

[salberg7]

I have in my notes that this Friday is 28 days for the defense to do something? But in my notes, I didn't write down what that something was. #1 - Anyone recall what that was referring to? #2 - Is it something that was asked for a delay and approved by the judge?

Was it the change in venue deadline, which was allowed to be extended until after the transcripts from the prelim that are due end of September by court reporter?

TIA

I believe the defense has 28 days from the date of arraignment to file their motions. Thus CD’s motions must be filed by Sept 21.

 

[Ohmeohmy]

https://twitter.com/jlumfox10/status/1306028397294833667


Justin Lum
@jlumfox10

KEY COURT DATES: Chad Daybell appears in court again on 10/29 & 11/24. Remember, his attorney motioned to dismiss the charges against Daybell. There’s also a motion by State to join both Daybell & Lori Vallow’s cases. The change of venue motion will be heard 11/24. #fox10phoenix





5:33 PM · Sep 15, 2020·

https://twitter.com/jlumfox10/status/1306028721749413893
Working to confirm if the motion for joinder will be heard in court on 10/29. Lori Vallow’s attorney does not object to it unlike Daybell’s attorney.

 

[salberg7]

I admire anyone who can give MG the benefit of the doubt. As a juror I’d have an impossible time overlooking the fact that she lied to police during a missing children investigation. It’s a huge problem for the prosecution, along with her bizarre interviews... I’ve seen nothing so far that shows she is a trustworthy person. Maybe with more separation in time from the events, which weren’t that long ago, she might seem more genuine?

MG didn’t know they were missing.
I don’t feel she lied in a missing children investigation. How could she when she didn’t know? I think that as soon as she was called by the Daybells and asked to not take any LE calls, MG’s light bulb went off.

An average person just doesn’t believe someone they trusted, did podcasts with and knew scripture as well as LV can do such evil things. I’m due MG’s works was rocked and she felt sick to her stomach when she found she was being used by LV & CD. It’s like the family of an opiate abuser having no clue their family member is addicted to opioids until it tears its ugly head. Imo MG did the correct thing under the circumstances.

I too feel that too much time here is wasted on MG. I didn’t pick up any sense of evil or withholding any information from her testimony and that her testimony was the truth.

“Not to mention, JJ had been dead and buried for 2 months and Tylee almost 3 months by this time. I'm not sure what anyone thinks would have possibly happened differently in this supposed 8-10 day "delay". Nothing. “ -

I totally agreed.

 

[Tricia]

Don't miss tonight's show at 10:00 PM EASTERN!! CLICK HERE
WE welcome Mark Johnson of the Visual Law Group. Mr. Johnson and his associates made the most amazing 3-D photos of Chad Daybell's property in conjunctionwith KSL TV Salt Lake City. They used satellite photos to help us understand the physical property where Tylee and JJ were buried.
Tonight's show will be beyond fascinating. CLICK THE LINK AT 10:00 PM EASTERN AND JOIN WEBSLEUTHS YOUTUBE LIVE

 

[ivegotthemic]

Also I’m sad the motion to dismiss hearing isn’t until 10/29/20. So far away for an impatient person.

To be totally honest I think this was just a typical use of Defense strategy, the defense had filed motions on 6/12 and 8/17 requesting discovery from the prosecution and both motions went unanswered. Filing for dismissal is the defenses way of saying show us your cards or drop the case if you cant produce anything. To be honest its exactly what I would do if I were the defense attorney because it forces the prosecution's hand in front of the judge and i mean it also never hurts to shoot a hail mary shot. Granted I would be very surprised if the dismissal was granted, but given its 2020 I rule out nothing

 

[Monger]

To be totally honest I think this was just a typical use of Defense strategy, the defense had filed motions on 6/12 and 8/17 requesting discovery from the prosecution and both motions went unanswered. Filing for dismissal is the defenses way of saying show us your cards or drop the case if you cant produce anything. To be honest its exactly what I would do if I were the defense attorney because it forces the prosecution's hand in front of the judge and i mean it also never hurts to shoot a hail mary shot. Granted I would be very surprised if the dismissal was granted, but given its 2020 I rule out nothing

That’s a great point. So, in other words, if I’m following you correctly it’s almost a way of the defense saying “ok, there was enough evidence at the preliminary for a judge to move it along to trial, but...I’m going to play dumb and see what else you can tell me about your strategy and evidence you are holding?” If I’m understanding correctly, that’s pretty slick.

 

[ivegotthemic]

That’s a great point. So, in other words, if I’m following you correctly it’s almost a way of the defense saying “ok, there was enough evidence at the preliminary for a judge to move it along to trial, but...I’m going to play dumb and see what else you can tell me about your strategy and evidence you are holding?” If I’m understanding correctly, that’s pretty slick.

your picking up what im putting down lol. Trials are a chess game between attorneys and it definitely starts at the arraignment and doesn't finish until closing arguments. its a delicate dance and hey if you can make opposing counsels case look bad while filing strategic motions that make your case look better in front of the judge then youve hit the jackpot

 

[Monger]

your picking up what im putting down lol. Trials are a chess game between attorneys and it definitely starts at the arraignment and doesn't finish until closing arguments. its a delicate dance and hey if you can make opposing counsels case look bad while filing strategic motions that make your case look better in front of the judge then youve hit the jackpot

Alright, I smell your cooking! One of the reasons I like following cases is because I appreciate the dance between both sides. And even when people argue about witnesses and such I still like to listen, even if I don’t agree because we are all “jurors” and it’s interesting to see how differently people perceive things. I really hope the defense tries as best they can, leaving no opportunity for a successful appeal, should these 2 be found guilty. I don’t think JP is going to roll over, and I’m not sure what to think about MM yet. Of course it goes without saying that I pray there is justice for JJ, TR, TD, and CV. And yeah, I haven’t quite ruled out the apocalypse because...2020. If the world does end, I hope it’s after this case concludes. I need to hear some murder charges and a guilty verdict before I die.

 

[887sMtreme]

Snipped for focus

At that time whatever followers they had may have had shady connections to people who make forgery ID’s such as drivers license, wedding/death certificates, and Passports. With all the money LVd supposedly had, she could have paid the fee for one.

These two thought they got away with the crimes and did not plan ahead. They got caught! IF they had planned ahead they would be gone. A fake passport could have a fake name and it would have taken LE awhile to trace her. IF they had thought ahead, they could hav3 changed their looks. CD already lost weight. Colored contacts, add some hair he could have gotten through. Now LVd could have really changed, short date hair, add some clothes for weight, she could really look different.

But the did not think ahead and just how much money did they have? They sure did not use it wisely but spent it. I guess it was better to live like millionaires then to stay quiet and not get caught.

All of this presupposes that CD and LV didn’t really believe the world would be ending as predicted. Is that what you’re suggesting, then?

 

[887sMtreme]

However, if they dont feel the case is strong enough to file murder charges now it seems unlikely that would change in the future. I have no idea if they would retry, but there are a couple of options if that route becomes necessary

If they are convicted of the crimes presently charged, they’ll be in prison for the rest of their miserable lives. It’s not the death penalty, but it’s no trip to Hawaii, either. We may have to settle for that, as horrible as that ma seem to those of us who want real justice for the Daybell’s’ victims.

 

[Forever Young]

I caught Scott Reisch on Crime Talk live talking about the new motions this evening. He says this is when it starts to get interesting, when the motions start coming in. He opined that whatever people's opinions of JP are, he thinks he has been representing CD quite a bit better than MM is LV, and that CD has a better chance for himself if he is not joined with LV. I think a lot of us here already thought that.

It's about 6 weeks away and a lot can happen between now and then IMO.

 

[fred&edna]

If they are convicted of the crimes presently charged, they’ll be in prison for the rest of their miserable lives. It’s not the death penalty, but it’s no trip to Hawaii, either. We may have to settle for that, as horrible as that ma seem to those of us who want real justice for the Daybell’s’ victims.

I'm not quite sure the penalties they are currently facing would result in imprisonment for the rest of their lives. (But, I wish that was the case).

"The felony charges filed on Tuesday each carry a maximum sentence of five years in prison and/or a fine of $10,000."

Lori Vallow, Chad Daybell face new conspiracy charges | ktvb.com

 

[ivegotthemic]

If they are convicted of the crimes presently charged, they’ll be in prison for the rest of their miserable lives. It’s not the death penalty, but it’s no trip to Hawaii, either. We may have to settle for that, as horrible as that ma seem to those of us who want real justice for the Daybell’s’ victims.

couldnt agree more, all that matters is they dont have another day of freedom. doesnt matter to me how it happens as long as it happens

 

[Clair Louise]

Hi Chelly! Have not seen you posts in a long time.

I was thinking about the passport....No one knows just who CD or LVd really knew. Who were there followers, shady or clean. At that time whatever followers they had may have had shady connections to people who make forgery ID’s such as drivers license, wedding/death certificates, and Passports. With all the money LVd supposedly had, she could have paid the fee for one.
These two thought they got away with the crimes and did not plan ahead. They got caught! IF they had planned ahead they would be gone. A fake passport could have a fake name and it would have taken LE awhile to trace her. IF they had thought ahead, they could hav3 changed their looks. CD already lost weight. Colored contacts, add some hair he could have gotten through. Now LVd could have really changed, short date hair, add some clothes for weight, she could really look different.
But the did not think ahead and just how much money did they have? They sure did not use it wisely but spent it. I guess it was better to live like millionaires then to stay quiet and not get caught.

ForeverYoung go to almost any bank and get US money exchanged...even change it on the black market fit a fee! Again they should hav3 changed their looks to do this.

Think like a crook...that’s what family LE say....so anything COULD Have been possible! The screwed up and got caught.

You cant have forged passports in these days of digital passports. I have an epassport and am not stamped in or out of my country, but is is recorded on my pp history.

 

[Clair Louise]

Snipped for focus


All of this presupposes that CD and LV didn’t really believe the world would be ending as predicted. Is that what you’re suggesting, then?

I don't believe that they believed that either. I bet there were steps underway to procure a reservation in the 144,000 by the transfer of money to either account.

 

[MsJosie]

I'm not quite sure the penalties they are currently facing would result in imprisonment for the rest of their lives. (But, I wish that was the case).

"The felony charges filed on Tuesday each carry a maximum sentence of five years in prison and/or a fine of $10,000."

Lori Vallow, Chad Daybell face new conspiracy charges | ktvb.com

hi free&Edna .... nice to “see you”....you are right for those charges it’s 5 years and or $10,000.00 but with the other charges, in way back posts it listed the other charges against these two. A WS added the years up to total at least 20 years a piece. I am tired, ready for bed, so if there is anyone that can look up the crime and time to be served it would be appreciated. At least if given 20 plus years and with what prison does to a person, they will have a hard time. I do hope they get life. They both are a danger to society.

I loved Tricia’s podcast tonight....hoping CD throws LVd under the bus and that she is also charged with murder of her husband....hoping and waiting. night all...