Two-plus years after murder conviction, Lori Daybell files appeal in Idaho
Lori Vallow Daybell’s appeal has been filed in Idaho after she was convicted in May 2023 of murdering her two children, Tylee Ryan and Joshua “JJ” Vallow, and conspiring to kill Tammy Daybell, the former wife of her husband, Chad Daybell.
Craig Durham, Daybell’s appellate attorney, filed the opening brief on May 30. He argues that Daybell deserves a new trial for five reasons:
1. Lori Daybell was deprived of her Sixth Amendment right to counsel of her choice when the district court disqualified her retained attorney.
2. Daybell was deprived of her Sixth Amendment right to the assistance of counsel during pretrial hearings on the state’s motion to disqualify her counsel after the district court denied her attorney’s request to participate in those hearings.
3. Daybell was deprived of her right to due process under the 14th Amendment when the district court held pretrial hearings that affected her substantial rights in her absence and while she was declared incompetent.
4. The district court erred in allowing the state to introduce evidence of uncharged bad acts from Arizona into the Idaho criminal trial under Rule 404(b) of the Idaho Rules of Evidence.
5. The district court erred in denying Daybell’s motion to dismiss based on a violation of her statutory and constitutional rights to a speedy trial.
You can read the entire 64-page opening brief here.
