Lori Vallow Daybell's Legal Team Appeals for Idaho Supreme Court Review
Sep 06, 2023, 11:00 AM
Following the life imprisonment sentence handed down in July, Lori Vallow Daybell's defense is not standing down. Her attorney, Jim Archibald, recently filed an appeal, imploring the Idaho Supreme Court to reevaluate her case, the guilty verdict, and the pronounced sentence.
Lori Vallow Daybell was handed a life imprisonment verdict, without the possibility of parole, for the heinous act of killing her two children, 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan. The charges further expanded to a conspiracy plot to murder Tammy Daybell, the previous wife of her fifth husband.
Detailed in the notice of appeal presented on Thursday, Archibald delineated 16 significant issues he believes warrant the Supreme Court's attention:
The pivotal question of whether District Judge Steven Boyce made an error in pronouncing Daybell fit for trial, despite her spending a considerable 10 months in a mental institution.
The contentious decision of Judge Boyce to decline Archibald’s appeal to send Daybell back to the mental institution for further evaluation, instead of proceeding to trial.
Archibald also raises concerns about Daybell's constitutional rights to a speedy trial potentially being violated, particularly due to the prosecutor's numerous requests for postponements.
Another point of contention is whether Judge Boyce erred in permitting the presentation of evidence from the ongoing Arizona case. This case concerns the alleged crimes surrounding the death of Charles Vallow, Daybell's fourth husband, and the purported attempted murder of Brandon Boudreaux, previously married into Daybell's family.
The appeal also questions the discretion of Judge Boyce regarding Daybell’s sentence—three consecutive life terms without parole.
The court's decision ordering Daybell to pay a whopping $165,018 in fines and court charges, despite her evident indigence and dependence on public defense, is also under scrutiny.
Furthermore, Archibald has tabled a request for the appointment of appellate public defenders to oversee the appeal segment of Daybell's case.
It is customary for felony convictions, particularly those involving murder charges, to be appealed. Such appeals must be presented within 42 days of the sentencing. Preparations are now underway for the Supreme Court to receive a transcript of Daybell's trial. Archibald, being meticulous in his pursuit of justice for his client, is also in the process of acquiring transcripts from Daybell’s previous competency evaluations, the preliminary hearings leading up to the trial, and the sentencing proceedings.
However, this appellate process is notorious for its lengthy duration, often spanning several years. In the upcoming phase, the Idaho attorney general will assign a representative for the prosecution. This attorney, in tandem with the defense's appellate lawyer, will draft written briefs. It is also anticipated that both parties will present oral arguments before the state Supreme Court finalizes its judgment.
There's a potential hiccup in Daybell's appellate case trajectory. The state of Arizona is gearing up to extradite her, pressing charges of conspiracy to commit Charles Vallow’s murder and the alleged attempt on Brandon Boudreaux’s life. Barely a month has passed since Daybell's confinement in the Pocatello Women’s Correctional Center. Meanwhile, the trial of Chad Daybell, Lori's husband, is on the horizon, set to commence on April 1 in Ada County.
While the wheels of justice are in motion, this case serves as a reminder of the intricate dance between the justice system, victims' rights, and the accused's rights. The outcome of this appeal, especially given its high-profile nature, will be closely watched by many across the state and the nation.
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Lori Vallow Daybell was handed a life imprisonment verdict, without the possibility of parole, for the heinous act of killing her two children, 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan. The charges further expanded to a conspiracy plot to murder Tammy Daybell, the previous wife of her fifth husband.
Detailed in the notice of appeal presented on Thursday, Archibald delineated 16 significant issues he believes warrant the Supreme Court's attention:
The pivotal question of whether District Judge Steven Boyce made an error in pronouncing Daybell fit for trial, despite her spending a considerable 10 months in a mental institution.
The contentious decision of Judge Boyce to decline Archibald’s appeal to send Daybell back to the mental institution for further evaluation, instead of proceeding to trial.
Archibald also raises concerns about Daybell's constitutional rights to a speedy trial potentially being violated, particularly due to the prosecutor's numerous requests for postponements.
Another point of contention is whether Judge Boyce erred in permitting the presentation of evidence from the ongoing Arizona case. This case concerns the alleged crimes surrounding the death of Charles Vallow, Daybell's fourth husband, and the purported attempted murder of Brandon Boudreaux, previously married into Daybell's family.
The appeal also questions the discretion of Judge Boyce regarding Daybell’s sentence—three consecutive life terms without parole.
The court's decision ordering Daybell to pay a whopping $165,018 in fines and court charges, despite her evident indigence and dependence on public defense, is also under scrutiny.
Furthermore, Archibald has tabled a request for the appointment of appellate public defenders to oversee the appeal segment of Daybell's case.
It is customary for felony convictions, particularly those involving murder charges, to be appealed. Such appeals must be presented within 42 days of the sentencing. Preparations are now underway for the Supreme Court to receive a transcript of Daybell's trial. Archibald, being meticulous in his pursuit of justice for his client, is also in the process of acquiring transcripts from Daybell’s previous competency evaluations, the preliminary hearings leading up to the trial, and the sentencing proceedings.
However, this appellate process is notorious for its lengthy duration, often spanning several years. In the upcoming phase, the Idaho attorney general will assign a representative for the prosecution. This attorney, in tandem with the defense's appellate lawyer, will draft written briefs. It is also anticipated that both parties will present oral arguments before the state Supreme Court finalizes its judgment.
There's a potential hiccup in Daybell's appellate case trajectory. The state of Arizona is gearing up to extradite her, pressing charges of conspiracy to commit Charles Vallow’s murder and the alleged attempt on Brandon Boudreaux’s life. Barely a month has passed since Daybell's confinement in the Pocatello Women’s Correctional Center. Meanwhile, the trial of Chad Daybell, Lori's husband, is on the horizon, set to commence on April 1 in Ada County.
While the wheels of justice are in motion, this case serves as a reminder of the intricate dance between the justice system, victims' rights, and the accused's rights. The outcome of this appeal, especially given its high-profile nature, will be closely watched by many across the state and the nation.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Ca