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

New Posts

Status
Not open for further replies.
887sMtreme said:
There us still the conspiracy charge, though, right?
Click to expand...
Yes, of course. And all of the other deaths. But the jury can't just unsee and disregard pictures of JJ so if those charges are dropped because of prosecutorial idiocy I would certainly argue that having showed those pictures or any evidence about JJ tainted the jury. Not saying that is the way it will go. But this is a death penalty case so everything will be heavily scrutinized.
 
I heard her mention Rule 36 - Here's an explanation for that:

Rule 36 - Clerical Mistakes

After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.

Rule 36 - Clerical Mistakes, Idaho R. Crim. P. 36 | Casetext Search + Citator

Read Rule 36 - Clerical Mistakes, Idaho R. Crim. P. 36, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
 
Since the prosecution has rested its case, the date of JJ's death being wrong is a huge issue as all the state's evidence went to a different date. I do not see the Judge allowing this to go forward due to Idaho Rule 7(e) and will allow Prior's dismissal of this charge. We shall see.

Idaho criminal court rule 7 (e) Amendment of Information or Indictment. The court may permit amendment of a complaint, an information or indictment at any time before the prosecution rests if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.
 
legalmomma said:
Since the prosecution has rested its case, the date of JJ's death being wrong is a huge issue as all the state's evidence went to a different date. I do not see the Judge allowing this to go forward due to Idaho Rule 7(e) and will allow Prior's dismissal of this charge. We shall see.

Idaho criminal court rule 7 (e) Amendment of Information or Indictment. The court may permit amendment of a complaint, an information or indictment at any time before the prosecution rests if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.
Click to expand...

Hmmm. And, the Judge can't direct the jury?
 
legalmomma said:
Since the prosecution has rested its case, the date of JJ's death being wrong is a huge issue as all the state's evidence went to a different date. I do not see the Judge allowing this to go forward due to Idaho Rule 7(e) and will allow Prior's dismissal of this charge. We shall see.

Idaho criminal court rule 7 (e) Amendment of Information or Indictment. The court may permit amendment of a complaint, an information or indictment at any time before the prosecution rests if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.
Click to expand...

We shall see very shortly, but my guess is the same as yours.

Prior can legitimately claim they have been defending testimony against the wording of the indictment, and now the state - having already rested its case - wants to change that charge to something else. That's not fair to the defendant and his rights, and I see no way the state gets to say "Never mind, let's have a do over."

This would lead to a dismissal with prejudice of count 4 (JJ murder) but does not impact the other charges.

It's a big deal that the state has already rested its case.
 
This is really pathetic from my point of view. The state argued their case with the correct dates/times that the crime actually happened. This isn't the case that they are trying to totally change something because they couldn't prove something.. it was literally a clerical error and all evidence presented was for the correct date that JJ was murdered on.... it's not like they presented their entire case saying he was murdered on the incorrect date.

The defense didn't catch the date issue either.. didn't he just say that he didn't catch it, but someone would have.
 
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.
 
State argument: Amended indictment drafted by the state was a clerical error, so the date in Count 4 can changed under Idaho Criminal Rule 36 (ICR 36) which allows the court to correct clerical errors in judgments, orders, and other parts of the record at any time. This includes errors caused by oversight or omission.

Defense: Rule 36 is vague and broad and Rule 7 (e) is specific...cannot be amended

Judge to take a break and rule.
 
If the case for JJ gets thrown out, that would be one thing since Chad will still be convicted for Tylee and Tammy. However, with all three murders being tried in the same case, there's no way the jury can disregard what they've seen and heard about JJ so could that get the entire case thrown out???

Regarding remarks about Prior: I think he's as a good a job as any defense atty could considering the mountain of evidence against his client. I could certainly never do it nor would I want to.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 74 more.
Total: 2,476 (members: 75, guests: 2,401)

Online statistics

Members online
75
Guests online
2,401
Total visitors
2,476
Totals may include hidden visitors.

Forum statistics

Threads
595,156
Messages
18,020,363
Members
229,586
Latest member
C7173
Back
Top