State Responds To Lori Daybe''s Appeal - Part 3: Incompetency and Means Kept Filing Motions
State Responds To Lori Daybe''s Appeal - Part 3: Incompetency and Means Kept Filing Motions  
Podcast: Pretty Lies And Alibis
Published On: Tue Dec 23 2025
Description: In this episode, we continue breaking down the State of Idaho’s response to Lori Vallow Daybell’s appeal, picking up deep into the brief as the State dismantles claims of constitutional violations.The State argues that Lori Vallow failed all three prongs of the fundamental error test — including claims that her Sixth Amendment right to counsel was violated and that her due process rights were ignored while she was deemed incompetent.We walk through why the court says Mark Means had the opportunity to respond but chose not to, why this was not a structural error, and why any alleged error would be considered harmless under existing case law.The episode also dives into the key issue of competency, explaining why hearings held in Chad Daybell’s separate criminal case did not violate Lori Vallow’s rights — including her right not to be prosecuted while incompetent or her right to be physically present.This section of the appeal gives rare insight into what was happening behind the scenes while much of the case was under seal — and why the State is confident none of these arguments will impact her Idaho conviction.ALL MERCH 10% off with code Sherlock10 at checkout  - NEW STYLES Donate: (Thank you for your support! Couldn't do what I love without all y'all) PayPal - paypal.com/paypalme/prettyliesandalibisVenmo - @prettyliesalibisBuy Me A Coffee - https://www.buymeacoffee.com/prettyliesrCash App- PrettyliesandalibisAll links: https://linktr.ee/prettyliesandalibisMerch: prettyliesandalibis.myshopify.comPatreon: https://www.patreon.com/PrettyLiesAndAlibis(Weekly lives and private message board)00:00 – Intro & Where We Left OffRecap of the series and picking back up in the State’s response to Lori Vallow’s appeal00:55 – Mark Means & Alleged Right-to-Counsel ViolationState argues Means had the opportunity to respond but chose not to02:17 – Fundamental Error Test: “Error Plainly Exists”Explanation of the second prong of the Perry test and why the State says Vallow fails it04:18 – Misuse of Bodenbach ComparisonWhy the Idaho Supreme Court’s Bodenbach ruling does not apply here06:34 – Harmless Error vs Structural ErrorState argues this was not a complete deprivation of counsel08:52 – Hearings Focused on Chad Daybell, Not Lori VallowWhy Means’ limited role did not violate Vallow’s Sixth Amendment rights10:01 – No Showing of PrejudiceState explains why Vallow’s arguments are speculative and unsupported11:19 – New Argument: Due Process & CompetencyWhether Vallow’s rights were violated while she was deemed incompetent13:04 – Right Not to Be Prosecuted While IncompetentIdaho law on suspension of proceedings and why it didn’t apply here16:37 – Separate Criminal Case ExplainedWhy hearings in Chad Daybell’s case did not violate Vallow’s rights18:55 – Balancing Competing Constitutional RightsCourt’s duty to protect conflict-free counsel and fairness of proceedings21:10 – Mark Means’ Actions During IncompetencyWhy the court acted quickly to disqualify Means22:33 – Court Left Door Open After Restoration to CompetencyOpportunity Vallow had to revisit issues later24:01 – Right to Be Present at HearingsWhy due process does not require presence in another defendant’s case26:24 – Why Vallow’s Presence Would Not Have Changed AnythingCompetency, waiver issues, and harmless error analysis29:39 – Failure to Show Error Plainly Exists (Again)State argues tactical decisions undermine Vallow’s claims33:03 – Harmless Error Analysis AppliesWhy prejudice cannot be presumed36:14 – Wrapping Up & What’s NextPreview of the next episode and appeal timeline going forwardBecome a supporter of this podcast: https://www.spreaker.com/podcast/pretty-lies-and-alibis--4447192/support.ALL MERCH 10% off with code Sherlock10 at checkout  - NEW STYLES Donate: (Thank you for your support! Couldn't do what I love without all y'all) PayPal - paypal.com/paypalme/prettyliesandalibisVenmo - @prettyliesalibisBuy Me A Coffee - https://www.buymeacoffee.com/prettyliesrCash App- PrettyliesandalibisAll links: https://linktr.ee/prettyliesandalibisMerch: prettyliesandalibis.myshopify.comPatreon: https://www.patreon.com/PrettyLiesAndAlibis(Weekly lives and private message board)