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  1. AZlawyer

    Mistakes made that led to Casey being aquitted...

    JWG (I think that was his name here) was more instrumental in getting that done IMO. I got the sheriff’s office to comply with the disclosure laws; he took the data and made it readable.
  2. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Tammy Daybell, 49, Sept & Oct 2019 *Arrests* #61

    I’m so far behind…:eek: When was Chad even charged with Tammy’s murder? Did it happen a long time ago and I somehow forgot? What’s the evidence we know about so far? Is it just evidence that Alex was involved in the attempted shooting and there’s no possible reason for him to try to shoot Tammy...
  3. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #48

    It would be pretty risky for a prosecutor to say “oh this evidence only relates to one of the defendants so I’ll conceal it from the other defendant” when the charges include allegations of a conspiracy.
  4. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #48

    Prepaid flat fees are very common for criminal defense cases. Yes.
  5. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #48

    I think you guys figured this out. It’s a hearing to determine whether there’s probable cause. We should see all the strongest evidence on the charges listed, but there may be evidence relating to the not-yet-filed murder charges that is not revealed.
  6. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #48

    Change of venue would normally have no effect on the prosecution team but normally WOULD mean a change of judge. I had a case, though, where venue was changed to another county and the assigned judge was simply made a “judge pro tem” of the other county and stayed on the case. Neither party...
  7. AZlawyer

    Sentencing and beyond- JA General Discussion #9

    I can’t recall the status of JA’s appeal/post-conviction petitions. (I know there was at least one ruling affirming her conviction.) If the proceedings aren’t finished yet, JM’s disbarment will certainly be mentioned, but only in passing. The real issues will be (or have already been, depending...
  8. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #47

    They must not have been sealed, or they would not have been available for purchase. If the records concern a court-ordered evaluation, I don’t believe they would be covered by HIPAA, but medical information is often sealed without any discussion of whether HIPAA applies. Technically any...
  9. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #47

    “Juvenile records” means juvenile criminal records. These would be family court records.
  10. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #47

    I doubt there’s any rule about who will go first. It will depend on the needs and progress of each case. And on whether either of them demands a “speedy trial.”
  11. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #47

    I’m sure they can communicate—probably through lawyers unless there’s some system for inmates in different facilities to call each other. The order not to communicate with victims’ families is intended to protect the victims’ families—it clearly wasn’t intended to include Lori and no one is ever...
  12. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #43

    I don’t disagree with any of your analysis. The crucial point I think we’re both making is that LE is in no danger of having Lori “set free” before prosecutors are ready to file new charges. They might file them next month, or they might wait for more evidence, but Lori is not going free IMO.
  13. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #43

    I don’t practice criminal law, except very occasionally to give advice on a criminal appeal issue. But I fully expect new charges against LVD that will more closely match the facts developed through investigation, probably before the preliminary hearing.
  14. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #42

    To represent them both, he had to get their informed waiver of the (obvious) conflict, which would include an acknowledgement that he would NOT be able to “forget” or stop using information if one of them later had to get other counsel. I don’t know how the Idaho Bar interprets their ethics...
  15. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #42

    I had to stop following the threads when I realized I was about 5 threads behind :p Thank goodness for the media thread! I just read the probable cause affidavit. So sad what became of those children once they were tagged as “zombies”—and so convenient that the dark spirits always came to take...
  16. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #33

    FYI (I know the thread has moved a long way past this now) the discovery request from the prosecution is just a normal form request. It is not a motion, it was filed at the normal time, it does not mean the defense is not cooperating, it does not tell us anything special about this case. Scroll...
  17. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #32

    The beneficiary change would still be effective—it just means that, IF the policy was community property, Lori could have filed a probate action to ensure she received at least half of the total community property after CV’s death.
  18. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #32

    Yes, it would violate the AZ standard injunction if it were community property. Since his attorneys approved of the change and LV never challenged it, perhaps it was not community property. I still have no understanding of how this could possibly have anything to do with a “custody dispute,”...
  19. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #32

    I just scanned through like 15 pages, and didn’t stop to hit “quote” on anything... hope whoever needs to see this sees it. The life insurance policy was probably but not definitely community property. Assuming it was community property, though, it was not “illegal” under AZ law to name a...
  20. AZlawyer

    Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #31

    Yes, under AZ law you have to name the spouses if you want to collect against community property. This is delightful; I love when all the legal questions are “asked and answered” by the time I check the thread haha
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