Trials
Court TV reported Justice Gregory Moeller called the procedure used to remove Lori Vallow Daybell's lawyer 'incredibly unorthodox.'
Court TV, posted at 5:26 p.m. Nov. 2, 2026, with no zone on that line, reported Jeffrey Nye said, 'Nothing that happened here is normal,' and that the justices took the appeal under advisement. Idaho News 6 reported she did not attend. KHQ reported she did not appear. East Idaho News's courtroom log did not say she was absent.
By Crime Talk Network Staff Writer · · Updated

Under advisement is still not a written opinion. 'Incredibly unorthodox' is what Court TV reported Moeller said about the procedure. It is not a holding that the removal was unconstitutional. 'Nothing that happened here is normal' is the concession Court TV printed from Nye, followed by his line that it does not mean there was error. Did not attend and did not appear are not the same verb, and neither line is in Nate Eaton's log. The convictions remain the judgment until the court writes otherwise.
Court TV, in a story by Lauren Silver posted at 5:26 p.m. on Nov. 2, 2026, with no zone printed on that line, reported the Idaho Supreme Court heard Lori Vallow Daybell's appeal Monday and took it under advisement for a written decision later. It reported her appellate attorney, Craig Durham, argued District Judge Steven Boyce violated her constitutional right to choose her attorney when he removed Mark Means. It quoted Durham: "The district court equated prior joint representation with an actual conflict of interest without an evidentiary basis linking these two." It reported Jeffrey Nye, for the state, said Boyce acted in her best interest. It reported that after she was ruled incompetent, Means kept filing, including a filing under penalty of perjury that included statements she had allegedly made to him. It quoted Nye: "Mr. Means was actively violating his client's constitutional rights to the effective assistance of counsel," and, "We do not want our district courts in the states to stand back and say, 'Nothing I can do, the case is stayed.'" It reported the cases had been severed after the incompetency finding, and that Boyce litigated the removal under Chad Daybell's case file rather than hers, which the incompetency ruling had stayed. It quoted Justice Gregory Moeller: "That seems incredibly unorthodox to me." It quoted Durham: "The procedures that were used to disqualify Mr. Means weren't just unorthodox; they were unconstitutional," and, "This occurred while Ms. Daybell was incompetent. Her case was stayed, which was the district court's order, and her counsel was not allowed to participate." It reported Nye conceded, "Nothing that happened here is normal," and, "But that doesn't mean that there was any error in any of it." Court TV wrote that the justices seemed more concerned with how Means was removed than with the removal itself, and that they appeared to agree the removal was appropriate. That is the reporter's reading. It is not a written opinion. East Idaho News's courtroom log, in the paragraphs below, calls the state's lawyer Jeff Nye and calls the justice Justice Moeller. Jeffrey and Jeff are not the same printed name. Justice Gregory Moeller is the full name Court TV prints. The log's 12:43 p.m. adjournment and Court TV's under-advisement line are the same posture. Court TV did not print the 12:43 p.m. clock. Court TV reported she was sentenced to multiple life terms without the possibility of parole. KIFI's line, below, is multiple consecutive life sentences without the possibility of parole. Terms, and consecutive life sentences, are not the same sentence line.
Idaho News 6, in a Nov. 2, 2026, story by Riley Shoemaker with no clock time on the page, reported she did not attend. KHQ, in a Nov. 2, 2026, story by Rosemary Wright, reported she did not appear, and that Durham argued the court should dismiss all charges or order a new trial. Did not attend and did not appear are not the same verb. Nate Eaton's log did not say she was absent. Idaho News 6 reported the defense argued the conflict was not sufficiently established, that removing Means violated her Sixth Amendment right to counsel of her choice, and that her attorney acknowledged some of Means' conduct was unorthodox but argued that did not justify the removal. It reported an attorney from the Idaho attorney general's office, whom it did not name, pointed to a jail call in which Chad Daybell identified Means as his attorney, to Daybell's payment of her legal fees, and to his call to Means when investigators searched the property and found the children's remains. It reported one justice, whom it did not name, described Means as a "loose cannon." Court TV names Moeller for the unorthodox line and does not print "loose cannon." Those are not the same quotation. Idaho News 6 reported the hearing also addressed Means' lack of qualifications to serve as counsel in a death penalty case, and that she faced the death penalty at that stage. It reported that on rebuttal the defense said the procedures were unconstitutional, rather than simply unconventional. KHQ reported she was sentenced to three life sentences, described Tammy Daybell as her then-boyfriend's ex, and reported Chad Daybell was sentenced to death for the three murders. Three life sentences, and death for the three murders, are KHQ's lines. KHQ's three life sentences do not print without parole. Idaho News 6 described Tammy Daybell as the former wife of her husband. Court TV described Chad Daybell as her fifth husband and Tammy Daybell as that husband's first wife. Then-boyfriend's ex, former wife of her husband, and fifth husband's first wife are not the same relationship line. KHQ reported the appeal challenged testimony about two shootings in Arizona that she said was irrelevant, a nearly two-year delay between indictment and trial, and how the court handled her competency. It reported she also received two life sentences in Arizona and has started appealing those convictions. Court TV reported she was convicted in Arizona of conspiring to kill Charles Vallow, whom it called her fourth husband, and of conspiring to kill Brandon Boudreaux, whom it called her ex-nephew-in-law, and that she was sentenced to life on each, with a mandatory minimum of 25 years on each to be served consecutively. Two life sentences, and life with a 25-year minimum on each running consecutively, are not the same sentence line. Court TV did not print an Arizona appeal. KHQ and the Associated Press story below did. Court TV reported she is at the Pocatello Women's Correctional Center and put her age at 53. KHQ and Idaho News 6 did not print that facility or that age. Court TV, KHQ, and Idaho News 6 use the children's names. This story does not. KHQ reported the children's bodies were found buried on Chad Daybell's property in 2020, and that he married her weeks after Tammy Daybell's death. KHQ also reported the case drew national attention after evidence showed the killings were tied to apocalyptic religious beliefs. Court TV and Idaho News 6 did not print that sentence. Idaho News 6's page image is the justices leaving the bench. She is not in that frame.
East Idaho News reporter Nate Eaton logged Monday's hearing from the Idaho Supreme Court courtroom in Boise. He reported the argument was supposed to start at 11:15 a.m. MT. At 11:38 a.m. he was still waiting on the justices. At 11:41 a.m. he reported Chief Justice Brody was on the bench and that Craig Durham began argument for Lori Vallow Daybell. At 12:04 p.m. he reported Jeff Nye, from the Attorney General's Office, began the state's argument. At 12:43 p.m. he reported there were no further questions, the justices will take the matter under advisement, court was adjourned, and the justices shook the attorneys' hands. He reported he would have more Monday night on Courtroom Insider at 7 p.m. MST. A 7 p.m. broadcast is not the court's opinion. KIFI, in a story by Danielle Mullenix published Nov. 2, 2026, at 11:00 a.m., headlined that the court hears the appeal. The body said she is scheduled to appear today and that oral arguments are scheduled to begin at 11:15 a.m. Mountain Time at the Idaho Supreme Court building in Boise. Scheduled, in that 11:00 a.m. story, and adjourned, in the 12:43 p.m. log, are not the same verb. KIFI said the hearing is not expected to produce an immediate decision and that the justices will issue a written ruling later. East Idaho News, in a Nov. 1 preview by Eaton updated at 11:33 p.m., said a written decision is expected within the next few months. Later, within the next few months, and under advisement with no opinion Monday, are not the same calendar.
The Idaho Supreme Court calendar set State v. Vallow, Docket 51091, for 11:15 a.m. Monday in Boise. A hearing notice in the case file uses Docket No. 51091-2023, the same day and time, and the Supreme Court at 451 W. State Street in Boise. It names Craig H. Durham as counsel for Lori Norene Daybell. 51091 and 51091-2023 are not the same docket string. The court's hearing summary says she appeals a judgment after a jury found her guilty of two counts of conspiracy to commit first-degree murder and grand theft, two counts of first-degree murder, one count of conspiracy to commit murder, and one count of grand theft. The summary says she argues five points: that the district court violated her right to counsel of choice by disqualifying her retained attorney over an alleged conflict; that she was denied counsel at those hearings after the court denied her attorney's request to participate; that hearings affecting substantial rights were held in her absence and while she was incompetent; that the court was wrong to admit uncharged Arizona acts under Idaho Rule of Evidence 404(b); and that the court was wrong to deny her speedy-trial motion. The summary names District Judge Steven W. Boyce and lists Attorney General Raúl R. Labrador for the state. Eaton's Monday log says Nye argued. Labrador's name on the caption is not Nye's argument. KIFI's 11 a.m. story names the retained lawyer as Mark Means and says the state maintains the district court made no reversible error. It says prosecutors have argued Means was properly disqualified because of his previous representation of Chad Daybell, that the Arizona evidence was offered to show a broader plan, and that the delay came from competency proceedings, a change of venue, and the complexity of the case. East Idaho News on Sept. 1, 2026, called Nye a deputy attorney general. Monday's log called him Jeff Nye from the Attorney General's Office. Deputy, in the September story, is not a title that log printed.
Eaton reported at 11:15 a.m., from the courtroom, that each side would get 30 minutes and that Durham could reserve time for rebuttal. KIFI attributed 30 minutes to the court's hearing schedule. Eaton's Nov. 1 preview said her attorney would have 20 minutes and the state would have 20 minutes. Twenty and 30 are not the same allotment. The exchanges he timestamped were about Means, about hearings held while she was incompetent, and about the Arizona evidence. At 11:46 a.m. he reported Justice Moeller asked how the judge got the conflict wrong in a conspiracy case if the standard is a potential conflict. He reported Durham argued there was not an actual conflict, and that removing Means while she was incompetent, without a voice in those hearings, was unconstitutional. He reported Nye argued it is a fact that Means represented Chad Daybell, and that the trial court had to act because Means was violating his client's rights while she was incompetent. At 12:31 p.m. he reported Moeller asked about the 404(b) issue, the Arizona information used in the Idaho trial. At 12:33 p.m. he reported Moeller said an opponent might say the Arizona and Idaho allegations were quite different, and that Nye said the evidence had to be looked at broadly. At 12:35 p.m. he reported no further questions and that Durham had eight minutes for rebuttal. Those timestamps do not include a separate exchange on the speedy-trial claim. The claim is the fifth item on the court's summary and on KIFI's list. A claim in the papers is not a colloquy in the log.
KIFI reported she was convicted in May 2023 of murdering her two children and of conspiring to murder Tammy Daybell, and that she received multiple consecutive life sentences without the possibility of parole. The Associated Press story on East Idaho News's Monday live page said the court was scheduled to hear her appeal of convictions for killing her two youngest children and conspiring to murder a romantic rival, and that she was sentenced to three life sentences. Multiple consecutive life sentences without parole, and three life sentences, are not the same sentence. The Associated Press story and the KIFI story use the children's names. This story does not. Tammy Daybell is the name both use for the adult in the conspiracy count. KIFI reported Chad Daybell was convicted in connection with the deaths and sentenced to death. The Associated Press reported he was sentenced to death for the three killings. In connection with the deaths, and for the three killings, are not the same phrase. The Associated Press also reported she was convicted separately in Arizona, received two life sentences there, and has appealed those convictions. KIFI and the Idaho court's summary describe the Idaho issue as uncharged Arizona acts. Uncharged acts at the Idaho trial, and later Arizona convictions, are not the same procedural fact. East Idaho News reported on Sept. 1 that she was not expected to attend the appellate hearing. Eaton's Monday notes named two detectives, reporters, and members of the public. They did not name her. Not expected, in September, and not named in that log, are not Idaho News 6's report that she did not attend or KHQ's report that she did not appear. Nothing in these accounts is a written opinion.
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