Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #53

[887sMtreme]

If charges haven’t been filed yet, then a “speedy trial” is not an issue. There is no statute of limitations for murder.
It’s pretty speedy, imo, that Chad’s trial is scheduled for January. Out here where I live (Capital region USA) it would take years to get this case on a docket. Idaho must fortunately not have a high crime rate.

Oh yes, I get that. But when people are arrested and can’t make bail, they are just as incarcerated awaiting trial as they would be after being tried and found guilty. It just surprises me that attorneys in cases like this don’t raise that issue — or if they do, I’m not aware of it.

 

[ivegotthemic]

Oh yes, I get that. But when people are arrested and can’t make bail, they are just as incarcerated awaiting trial as they would be after being tried and found guilty. It just surprises me that attorneys in cases like this don’t raise that issue — or if they do, I’m not aware of it.

LV lawyer has filed a couple of motions trying to get her bond lowered (unsuccessfully) not sure about CD

 

[Monger]

Oh yes, I get that. But when people are arrested and can’t make bail, they are just as incarcerated awaiting trial as they would be after being tried and found guilty. It just surprises me that attorneys in cases like this don’t raise that issue — or if they do, I’m not aware of it.

You are correct, and this is a big thing in Canada. Both LD and CD formally waived their right to a speedy trial.

2021 trial date set for Lori Vallow

Lori Vallow appears in court to reject right to a speedy trial | Daily Mail Online

Also typically in the US the right to a speedy trial gets waived. Here is an interesting article as to why that happens:

What is Speedy Trial and Should I Waive It? | Jacksonville Criminal Defense Lawyers

 

[Monger]

Since I mentioned Canada, I just want to say the rules there are different in regards to speedy trial, and from what I have seen the time clock is a very big deal. I love following Canadian trials, simply because we only get to know what the jury knows the entire trial. After everything is said and done we then get to know everything considered too prejudicial. So I always feel like I'm an actual jury member. It's very different compared to the US.

 

[al66pine]

Def's Right to Speedy Trial?

At some point in cases such as these, isn’t there the risk of violating defendants’ constitutional right to a “speedy” trial? (6th Amendment). Does that ever come up? I suppose “speedy” can mean anything from days to years. Has SCOTUS ever ruled on this?

@887sMtreme Peeking in from time to time, just gen fyi.
Speedy Trial Clause - Wikipedia
"The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy... trial."[1] The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
"In Doggett v. United States (1992) the Supreme Court determined that Doggett's eight and a half year wait for a trial violated his sixth amendment rights.[7]"
See also: speedy trial
"In criminal prosecutions, the right of a defendant to have a trial within a short time, premised on the Fifth Amendment's guarantee of due process. Each state has a statute or constitutional provision limiting the time an accused person may be held before trial (for example, 45 days). Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense or negotiate a plea to a lesser offense." bbm

See also: Sixth Amendment

See also: Right to a Speedy Jury Trial - FindLaw
"The U.S. Supreme Court provided some guidance in laying out the factors to be considered when trying to determine whether the time to trial was speedy enough. These factors are:

1. 
   
   • Length of delay;
   • Reason for the delay;
   • Defendant's assertion of his right; and
   • Prejudice to the defendant.

While the Supreme Court provides some guidance, the Congress and many states have passed laws to provide specific time limits for the trial to occur. The U.S. Congress passed the Speedy Trial Act which set a time limit of 70 days from the filing date of the indictment unless waived. Many states have also passed their own legislation as to time limits for bringing a criminal matter to trial."

Class dismissed.

 

[al66pine]

Idaho, Speedy Trial
The crim chg's we're talking about are in ID, right? From a March 2020 memo* from Legal Counsel in ID SupCt:
"The statutory right set forth in I.C. § 19-3501 requires a court to dismiss a case if a defendant is not brought to trial within certain six (6) month timeframes “unless good cause to the contrary is shown.” “Good cause means that there was a substantial reason for the delay that rises to the level of a legal excuse.” State v. Young, 136 Idaho 113, 116, 29 P.3d 949, 952 (2001), citing State v. Clark, 135 Idaho 255, 16 P.3d 931 (2000). Since “there is no fixed rule for determining what constitutes good cause, the matter is initially left to the discretion of the district court.”

The memo also lists the same four point balancing test factors as ^ SCOTUS in my post above.

-----------------------------------------------------------
* http://jeromecountyid.us/DocumentCenter/View/852/Memo-031320-JS-to-ST-re-Speedy-Trial-Factors

 

[887sMtreme]

Idaho, Speedy Trial
<snippity snip>

Thanks, al66pine! That, along with your previous post, cut right to the chase I had in mind. Much obliged

 

[CuriousQuiet1]

Apologies, I have not been keeping up on this case for a couple of weeks so I am more than 1 complete thread behind. It really bothers me that CD and LVD have the same lawyer. Means and Prior are different people but one address. One law office. They probably get each other's tuna sandwiches mixed up in the mini fridge. Has the prosecution mentioned this as a conflict of interest on the record? Is Rob Wood waiting for the Pre-Trial in December to bring this up? Do CD and LVD think this conflict will somehow get their charges dropped and think nobody will notice the legal filings from Prior and Means have the same address?

 

[Monger]

Apologies, I have not been keeping up on this case for a couple of weeks so I am more than 1 complete thread behind. It really bothers me that CD and LVD have the same lawyer. Means and Prior are different people but one address. One law office. They probably get each other's tuna sandwiches mixed up in the mini fridge. Has the prosecution mentioned this as a conflict of interest on the record? Is Rob Wood waiting for the Pre-Trial in December to bring this up? Do CD and LVD think this conflict will somehow get their charges dropped and think nobody will notice the legal filings from Prior and Means have the same address?

This bugs me too. The conflict of interest hearing was sealed so we don't know if this portion was brought up or not. It seems everyone signed waivers and they moved on. Somehow everyone got comfortable (except me/us) but we aren't privy to the arguments. It could have been only in regards to MM trying to represent both LVD and CD, or perhaps it was noted both attorneys occupy the same space. IMO.

 

[155etta]

@Niner Note 12/08/2020 Date for pretrial conference. I don't see that they have slated ongoing status conferences at this time prior to 12/08/2020 as usual with cases - This will change MOO, but FYI from Link above. Also of interest is that the trial is slated that it will be at the Courthouse in St. Anthony/Freemont county. For some reason, I was thinking that it would be in Idaho Falls where the Judges' Address was.

DBM

 

[ivegotthemic]

If charges haven’t been filed yet, then a “speedy trial” is not an issue. There is no statute of limitations for murder.
It’s pretty speedy, imo, that Chad’s trial is scheduled for January. Out here where I live (Capitol/DC region USA) it would take years to get this case on a docket. Idaho must fortunately not have a high crime rate.

potentially, the lawyer has a duty to inform both of them of the potential risk of having the same lawyer and would both need to sign a consent form stating the understand the risks and are okay with them. once the forms are sign theres no longer a conflict of interest

 

[mrjitty]

Class dismissed.

RSBM

Yes - speedy trial considerations only arise once charged.

There is no obligation on the prosecutor to charge the case as far as the accused is concerned. So to some degree - because they already have them on other charges, there is no rush

But what I find odd is to pursue this case against CD over the factual foundation of hiding the bodies, if you intend to charge him as an accessory to murder over the same set of facts.

 

[dixiegirl1035]

I'm behind on youtube's, but the August 21 Crime Talk Channel with Scott Reisch states that he believes that the prosecutor will file a motion to join the two cases during LV's arraignment (tomorrow at 1:30 pm their local mountain time - 3:30 pm eastern) for judicial economy. And he thinks a pretty good chance it will be approved unless there is some inconsistent defense theory, and the defense would have to articulate such.

I would hope if that does happen, that the trial goes with the most experienced judge, and not the one that just started in district court this year.

MOO

I'm not 100% positive we can link his channel/approved by WS , so not giving the link so this post doesn't go poof.

ETA: Since folks say ok to link, it is here at 3:00 that he discusses

 

[indicolite22]

Scott Reisch is an approved source on WS.

 

[mrjitty]

Makes complete sense for the trials to be joined IMO - prevents the devious duo from running inconsistent defences when they are clearly co-conspirators

 

[salberg7]

You are correct, and this is a big thing in Canada. Both LD and CD formally waived their right to a speedy trial.

2021 trial date set for Lori Vallow

Lori Vallow appears in court to reject right to a speedy trial | Daily Mail Online

Also typically in the US the right to a speedy trial gets waived. Here is an interesting article as to why that happens:

What is Speedy Trial and Should I Waive It? | Jacksonville Criminal Defense Lawyers

For instance here in the US Timothy McVey insisted on a speedy trial and he got one. Less than I think 2 yrs after his crime he was executed. (can’t remember the exact time frame).

 

[Monger]

I'm behind on youtube's, but the August 21 Crime Talk Channel with Scott Reisch states that he believes that the prosecutor will file a motion to join the two cases during LV's arraignment (tomorrow at 1:30 pm their local mountain time - 3:30 pm eastern) for judicial economy. And he thinks a pretty good chance it will be approved unless there is some inconsistent defense theory, and the defense would have to articulate such.

I would hope if that does happen, that the trial goes with the most experienced judge, and not the one that just started in district court this year.

MOO

I'm not 100% positive we can link his channel/approved by WS , so not giving the link so this post doesn't go poof.

ETA: Since folks say ok to link, it is here at 3:00 that he discusses

Her arraignment was rescheduled to 9/10/20.

 

[dixiegirl1035]

Her arraignment was rescheduled to 9/10/20.

Oopsie! I knew better... just on my first cuppa morning coffee.. DUH! Thanks @Monger !

Too late to update above post.

There is a newer youtube by Crime Talk, and now he is saying @1:50 in below link that all motions must be done within 28 days from the date that Chad entered plea of not guilty to file motions to ask. Those motions could address defects in complaint or prelim, or any evidence that was illegally obtained-->> a motion to suppress for which they would have to state what evidence they want to suppress that perhaps we haven't seen?

And then he speaks to when the prosecutor has to file to have the trials combined into one... and he says this also falls under the 28 day timeclock from Chad last week... so perhaps he's changing his tune as to the prosecutor will ask for such during Lori's hearing .

I'd like to again think that the prosecutor will want to do strategy, and perhaps the best is to let Lori go forward on 9/10, and then after such, but within the 28 days file to combine...

.. and again, hopefully will get the judge who has the most experience and not the new judge that was seated just this year. MOO

Also MOO I hope the prosecution does some motion in limines.

Perhaps all these filings will be done at the 11th hour?

ETA: 28 days would be September 18th????

 

[Monger]

Oopsie! I knew better... just on my first cuppa morning coffee.. DUH! Thanks @Monger !

Too late to update above post.

There is a newer youtube by Crime Talk, and now he is saying @1:50 in below link that all motions must be done within 28 days from the date that Chad entered plea of not guilty to file motions to ask. Those motions could address defects in complaint or prelim, or any evidence that was illegally obtained-->> a motion to suppress for which they would have to state what evidence they want to suppress that perhaps we haven't seen?

And then he speaks to when the prosecutor has to file to have the trials combined into one... and he says this also falls under the 28 day timeclock from Chad last week... so perhaps he's changing his tune as to the prosecutor will ask for such during Lori's hearing .

I'd like to again think that the prosecutor will want to do strategy, and perhaps the best is to let Lori go forward on 9/10, and then after such, but within the 28 days file to combine...

.. and again, hopefully will get the judge who has the most experience and not the new judge that was seated just this year. MOO

Also MOO I hope the prosecution does some motion in limines.

Perhaps all these filings will be done at the 11th hour?

ETA: 28 days would be September 18th????

Very interesting! Also, CD and LVD have until 8/31 as a deadline to notify the prosecution if they intend to raise mental conditions as a defense so we should know about that soon.

Lori Vallow’s arraignment rescheduled

 

[AliKaye]

Not sure if this article has been posted. From the Rexburg Standard Journal
New Salem memorial for J.J. and Tylee