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

[justtrish]

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.

I guess I am not understanding how Prior was hindered in defending his client when the state presented the evidence for the correct date. He cross examined every witness on the info presented with the correct dates/times. The only thing that is not correct is a date on a paper.

The case was presented as if the date on the indictment was correct and neither side knew it was incorrect. So all evidence was presented as if the indictment had the correct date on it. He wasn't hindered in any way because all evidence presented was factually about the exact date JJ was killed and he cross examined every witness with that same data about the correct date.

I think if the indictment was wrong AND the evidence was presented with the wrong dates then I could see there being a big problem. It isn't like the state has decided JJ died a different day after they presented their case. I also just don't see how a date being printed wrong is reason to throw out the entire charge.

 

[BUF]

Just throwing this out there…

If the judge won’t allow this, how does this get explained to the jury after they heard all the evidence presented for JJ’s murder?

Would that affect how they view other evidence of the other murders?

 

[nodamselindistress]

It is only count 4, the murder of JJ that will potentially be thrown out. The conspiracy charge for JJ still stands as a separate count. So if, as expected, they find him guilty of all counts, he would get murder for Tammy and Tylee and conspiracy for Tammy, Tylee and JJ. And the fraud charges, too.

I think

 

[fred&edna]

Just throwing this out there…

If the judge won’t allow this, how does this get explained to the jury after they heard all the evidence presented for JJ’s murder?

Would that affect how they view other evidence of the other murders?

Exactly! One would assume there has to be some direction/instruction given to the jury. To have it all thrown out because of a clerical error... whoa, this would mess with the jury.

jmo

 

[TigerLou]

My two cents is that since the conspiracy charge still stands, it would not mess with the evidence presented for JJ's murder.

 

[justtrish]

Just throwing this out there…

If the judge won’t allow this, how does this get explained to the jury after they heard all the evidence presented for JJ’s murder?

Would that affect how they view other evidence of the other murders?

I would hope they could state exactly why that charge was being thrown out. Honesty seems to be best when dealing with court things. Well I guess unless you are the defendant that is.

Can't the judge just say there was a clerical error on the indictment and because the date is printed wrong, the charge has to be dropped. That is facts.. it wouldn't be dropped because the state didn't present evidence or something like that.. it's a clerical error and if I was on a jury and heard that, I think I could still deliberate on the other charges and not have that be a "problem" as far as guilt/innocent on the other charges. What would make me question things is if a charge was dropped and I was given no reasoning on why.

 

[nodamselindistress]

I am guessing when they amended the indictment they only reviewed the portions that were amended, which did not include count 4. Nobody expected that date to have been changed. Somebody must have unintentionally deleted some text and copied/pasted the same language from the count against Tylee and remembered to change the name but forgot to change the date. This is definitely a clerical error.

ETA: When I worked in the legal field we had to run redlines of all changed documents, which would have picked up this inadvertent change.

 

[Love Never Fails]

If the judge drops the charge, it won’t be because he wants to… It will be because he hast to. I have no doubt that this judge is sick about this development as well. He knows that Chad is guilty. Guilty guilty.

I agree completely. He is a very good judge.

 

[Love Never Fails]

Judge Boyce is doing his very best to keep the charge in place.
He knows Daybell is guilty.
But what he decides, he decides.
I’m sick about it but have to live with it.

 

[Love Never Fails]

I am guessing when they amended the indictment they only reviewed the portions that were amended, which did not include count 4. Nobody expected that date to have been changed. Somebody must have unintentionally deleted some text and copied/pasted the same language from the count against Tylee and remembered to change the name but forgot to change the date. This is definitely a clerical error.

ETA: When I worked in the legal field we had to run redlines of all changed documents, which would have picked up this inadvertent change.

I agree but I see Prior’s point of view. Four State attorneys dropped the ball.
He is fighting for his client. That’s his job.

 

[vislaw]

@vislaw , we need you.

Most judges will permit the charge to fit the evidence and would not dismiss. He may allow some sort of nunc pro tunc equitable amendment. However, it is really up to the judges discretion. I’m going to bet on the judge amending the charge.

 

[iamshadow21]

Most judges will permit the charge to fit the evidence and would not dismiss. He may allow some sort of nunc pro tunc equitable amendment. However, it is really up to the judges discretion. I’m going to bet on the judge amending the charge.

Thank you for your insight. It is truly appreciated.

 

[CHEL]

They're back

 

[vislaw]

Thank you for your insight. It is truly appreciated.

I remember a similar question on the bar exam but that was 35 years ago! I do know that there is precedent on both sides and it depends on the jurisdiction and primarily the judge. The prosecution position will be that they proved each and every element of the crime and that the evidence supports conviction so that an error in the date is a mistake – not a failure of proof. Interpreting the date to fit the evidence presented does not prejudice the defendant and does support the interest of justice.

 

[CHEL]

https://twitter.com/x/status/1791222423771127841

 

[justtrish]

I think this is going to go well for the state!

 

[legalmomma]

What was the Jones case she was citing??

State v. Jones, 140 Idaho 41 | Casetext Search + Citator

Read State v. Jones, 140 Idaho 41, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

 

[CHEL]

https://twitter.com/x/status/1791222853750104566

 

[nodamselindistress]

Judge rules Count 4 should not have been amended. It was a clerical error!

Judge still talking but sounds like he is going to allow date to be changed.

YAY!

 

[aafromaa]

Whew