Love Never Fails
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MM is still the lead attorney.
Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Tammy Daybell, 49, Sept & Oct 2019 *Arrests* #61
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indicolite22
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Can he stay on until her arraignment? Is the new attorney getting familiarized with the case in the meantime? I presume he's being paid by the public. Who is paying MM until then? Can he stay on the case till the end if he's privately financed or works for free?
Love Never Fails
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Don’t know @indicolite22
The news reports just said he is still lead attorney. I wouldn't doubt if the new guy is a friend of his. Ya know, birds of a feather and all that.
indicolite22
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I think the new appointment is timely (after seeking DP for Chad was announced) and a step in the right direction. The new lawyer has time to acquaint himself with the case so there will be less delay when Lori is deemed competent again.
StrangerThanFiction
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My thoughts are MM is still LISTED as her lead attorney, but we all know that the website/database is only updated weekly. My guess is we will shortly see his name removed entirely, and JA’s be listed as lead. Oddly enough, MM’s website is down and has been since the 2nd. Hmmmmmm....and he’s been awfully quiet on SM, which would indicate he’s shut that down for a time or he’s sick with covid? MOO
Nosurprise
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Good question..will we ever know?
Niner
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Sorry - but I don't recall who posted it - but there was a "Notice of Intent" to seek the death penalty for Vallow. I don't have time to go back & find it - but the person who posted it might post that again. It was filed on 8/5/21 per my notes. Plus I can't access the Idaho court site - so can't re-post that here.
@Niner are you sure it was for LVD… she hasn’t even been arraigned on murder charges and entered a plea until further evaluation.
Are you maybe referring to CD?
Idaho prosecutors file 'notice of intent to seek the death penalty' in Chad Daybell case
JA is her new DP lawyer….MM is still listed but it may be on paper only until next hearing when Judge can make a ruling of change of lawyers and/or until competency is decided and/or issue of MM and blogger is revealed and decided. In a normal case I don’t think a new lawyer would be brought in unless something else was going on behind the doors which we don’t know bout yet.
If MM is seen less or not at all at jail, we can speculate even more MM is gone except on paper
I was worried that Jose Baez was going to represent LV free. I really was. After the several people he represented I was concerned as this is a high profile case and I always felt JB likes to be known. Now we know who JA is and he is representing LV.
Do state appointed lawyers have the option of saying NO to representing a person or case? I may not care for JA but I would hate to be anyone as a defense lawyer. Hope he does not drink the kool aid and wears sunglasses so he does not see the batting eyelashes…sorry.
never a dull moment with this case….all of this is moo only.
indicolite22
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A copy of Chad's notice was filed under Lori's case on the court website, so there was no notice for Lori herself.
Niner
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Yes - it was definitely her name at the top - okay - going back to look for that post...
BRB
Ah - good thing I looked at your post before I went back to look for it. Okay - that makes sort of sense...
mickey2942
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Where is the line drawn on "religious beliefs" and "mental incompetence"? After all, we could easily include anyone who is religious on that continuum.
That is particularly interesting in cases in Utah/Idaho where a majority of the jury members, judge, are more than likely members of the LDS religion. And where is the line drawn? Can we compare LVD killing JJ and Tylee to a biblical story?
Binding of Isaac - Wikipedia
I don't see that. After all, if LVD had a religious conviction to kill JJ and Tylee, why try to hide it? She would have been triumphant in her religious beliefs, and not deceptive. That is how I see this. Her "incompetence" is just one more ploy in her "manipulation" book.
That is particularly interesting in cases in Utah/Idaho where a majority of the jury members, judge, are more than likely members of the LDS religion. And where is the line drawn? Can we compare LVD killing JJ and Tylee to a biblical story?
Binding of Isaac - Wikipedia
I don't see that. After all, if LVD had a religious conviction to kill JJ and Tylee, why try to hide it? She would have been triumphant in her religious beliefs, and not deceptive. That is how I see this. Her "incompetence" is just one more ploy in her "manipulation" book.
indicolite22
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SBM. According to MG, Lori had a persecution complex. Whenever the authorities (or anyone else) stood against her, they were labeled dark. She claimed that they were preventing her from carrying out her mission. She once stated that Charles was interfering with her "gifts". Chad and Lori also labeled detectives Hope and Hermosillo who did the welfare check in Rexburg as two of the 50 dark translated beings. So no, L&C didn't trust the authorities. It's possible that this was Chad's manipulation and Lori really believed it.
Tortoise
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Now I'm wondering if the state's sealed motion objecting to counsel's entry of appearance on the murder case, and for a finding of conflict had nothing to do with any 'misconduct' or the like, and is merely setting out the fact that the state will be seeking the death penalty and MM is underqualified to represent her, even as co-counsel.
See below for who can qualify as co-counsel - for instance must have been lead counsel in at least three felony jury trials tried to completion, six hours of Idaho State bar training focusing on capital cases in the last two years, have demonstrated the level of proficiency necessary for a capital case, and more:
I.C.R. 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases. | Supreme Court
The fact he is down as lead counsel at the moment is because he will never be co-counsel and so it's a temporary aberration until LVD is arraigned. That is why they haven't appointed co-counsel yet, to avoid having too many lawyers for her case on the books (costs) and while MM hands over.
MOO
See below for who can qualify as co-counsel - for instance must have been lead counsel in at least three felony jury trials tried to completion, six hours of Idaho State bar training focusing on capital cases in the last two years, have demonstrated the level of proficiency necessary for a capital case, and more:
I.C.R. 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases. | Supreme Court
The fact he is down as lead counsel at the moment is because he will never be co-counsel and so it's a temporary aberration until LVD is arraigned. That is why they haven't appointed co-counsel yet, to avoid having too many lawyers for her case on the books (costs) and while MM hands over.
MOO
indicolite22
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What is the conflict of interest motion about? Doesn't "entry of appearance" refer to the appointment of a new or additional counsel? Wasn't MM already part of Lori's defense team for the murder case? Wouldn't he be OK until the intent to request DP for her was formally filed? Did JP also have to file an entry of appearance for Chad's murder case?
pizzaman12
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Tortoise
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I'm not sure I get your first question - my post set out what I believe the conflict is - not meeting the criteria to represent her in a death penalty case. That is definitely a conflict, in my opinion. It might not be right, but it is my guess.
MM filed a notice of appearance in the murder case on 27th May, the day after her continued initial appearance on the murder charges. Perhaps because of her indigent status, I don't know, the State had an interest in asking if he would be entering a notice of appearance. https://coi.isc.idaho.gov/docs/case/CR22211624/Notice of Appearance Reservation of Defenses.pdf
The State has filed its objection, it looks to me, once it had gone through the process of deciding to seek the death penalty and perhaps filed its objection at that time because that's when his appearance became conflicted (in view of the stay), so that the court would have time to appoint qualified counsel.
JP is privately retained so he can represent Chad in a death penalty trial if that's what Chad wants and can finance it himself. It's a different matter when/if Chad becomes indigent and if JP will resign from the case or become co-counsel. Chad was asked if he wanted to represent himself, or hire JP, or seek application of a public defender at his initial appearance.
MOO
Tortoise
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That was for Chad, filed on both cases on the court portal because the cases are joined.
I tend to agree & think this type of scenario is more likely than some of the others tossed around. I know a podcast (that has been shared here before) had their attorney on, whom many are referring to as the “good Lori” mentioned again last night about the possibility of it related to MM and this “YouTuber drama”. I admit I haven’t been able to connect the dots with all of that, I can see why [if it is true as alleged] that an attorney sharing information publicly like that can be an issue but not how that alone could be enough to get him removed from the case. Especially when I think back about all this prosecutorial alleged ethics/misconduct and how, despite several Defense witnesses/experts explaining the issues with what the prosecutor did, and the Court even seeming to agree at times about the potential issues those actions could’ve caused they had no way of enforcing Standards set by the Bar.
maybe others can explain what they’ve thought about this youtuber stuff and how MM’s actions may be behind this “conflict of interest”, otherwise I agree with the quoted post, I thought that was more likely a result of his qualifications and experience and not meeting the necessary qualifications to be the lead on a death penalty level case. JMHO
pizzaman12
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My bad
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