AZ - Lori Vallow Daybell charged w/ conspiring to kill ex-husband Charles Vallow and another relative, Brandon Boudreaux, Chandler, Maricopa County,

Ha! No speedy trial for Lori.

IANAL but there is wiggle room on speedy trial rights in AZ since this has been designated a complex case and they have stated their grounds of extraordinary circumstances. Uber volumous discovery plus litigation needed to have a fair and impartial jury.

 

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Ha! No speedy trial for Lori.

IANAL but there is wiggle room on speedy trial rights in AZ since this has been designated a complex case and they have stated their grounds of extraordinary circumstances. Uber volumous discovery plus litigation needed to have a fair and impartial jury.


I didn't think the judge ruled yet. Pretty serious to refuse a defendant their speedy trial rights.

There is a possibility the judge can waive her speedy trial rights but no guarantee.

2 Cents
 
"Speedy trial" is ALWAYS a relative term, and the statutory limits can be stretched when it is "necessary."

A good example is LVD's trial in ID, in which she never let go of her speedy trial rights at any point, and yet she didn't come to trial for years. In that case, the court had to intervene when she went nuts and couldn't be considered sane, and had to wait until her mental state changed. It was still a "speedy trial" (and that issue ultimately came into play) even though the time from arrest to trial was long.

In this situation, the request for a delay is being made by the defense, not the state, and it comes in the interest of her having a proper defense. In light of what is being asked, they will get it -- it's far from unreasonable, and her absolute rights to have a defense are always top priority -- and the fact they are only asking for what is necessary should preserve the speedy trial mandate for her once it moves forward again.

Consider this a sort of parenthesis in the schedule, for the defense to have a reasonable time to catch up, with the time clock stopped during the parenthesis, if you will.
Her attorneys could get a psychiatrist once more to rule LVD is not competent to stand trial. Then, she'd be sent back to ID, and they'd have plenty of time to prepare?
 
Her attorneys could get a psychiatrist once more to rule LVD is not competent to stand trial. Then, she'd be sent back to ID, and they'd have plenty of time to prepare?

Az has a strict Restoration to Competency Program that mentally ill defendants in jail can be transferred into with mental health specialists who work in the program and evaluate the inmates.

Defense can't just put a witness psychiatrist on the stand to say their opinion is she is incompetent...Lori would go through the court system in place for that.

The Restoration to Competency Program is administered through the Arizona Department of Health Services at the Arizona State Hospital, and provides psychiatric treatment to individuals who have been accused of a crime but were found to be incompetent to stand trial.

Restoration to Competency - pdf​

 
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