Kathy's InDieZoNe

In Episode 618, we note that Judge Hippler on April 29, 2025 denied yet another Defense Motion to Strike the DP from consideration in the event of a conviction. This denial follows denials on a number of Defense motions to strike the DP rendered back in October 2024 as well as a recent motion in limine to strike the DP. Here, the Defense sought an order striking the DP as a discovery sanction and...

In Episode 617, we address the April 29, 2025 Court Order sealing the State of Idaho's State's Motion for Examination of Defendant Pursuant to Idaho Code 18-207 and for an Extension of Time to Complete Rebuttal Penalty Phase Expert Disclosures and declaration and Exhibits in Support filed April 25, 2025. We also observe the fact that Judge Hippler stated here that the order granting the se...

In Episode 616, we discuss the State of Idaho's Motion to Seal the State's Motion for Examination of Defendant Pursuant to Idaho Code 18-207 and for an Extension of Time to Complete Rebuttal Penalty Phase Expert Disclosures and declaration and Exhibits in Support filed April 25, 2025. As part of the good cause to seal these materials is to protect the privacy of a Defense psychology expert...

In Episode 615, we discuss Judge Steven J. Hippler's April 24, 2025 Court Order denying the Defense's Motion in Limine seeking to strike or limit the testimony of multiple of the State of Idaho's expert witnesses on the grounds of alleged discovery violations. All were denied by the Court. Here we review one of the most hotly-contested in limine matters entertained by the Court at the...

In Episode 614, we address Judge Steven J. Hippler's April 24, 2025 Court Order denying the Defense's Motion in Limine seeking to strike or limit the testimony of multiple of the State of Idaho's expert witnesses on the grounds of alleged discovery violations. All were denied by the Court. Two challenged State expert witnesses are Heather and Jared Barnhardt described as "Digital...

In Episode 613, we discuss Judge Steven J. Hippler's April 24, 2025 Court Order denying the Defense's Motion in Limine seeking to strike or limit the testimony of multiple of the State of Idaho's expert witnesses on the grounds of alleged discovery violations. One such challenged witness, Agent Rob Hille who we learn was disclosed by the State to proffer his opinions that the infamous...

In Episode 612, we discuss Judge Steven J. Hippler's April 24, 2025 Court Order denying the Defense's Motion in Limine seeking to strike or limit the testimony of multiple of the State of Idaho's expert witnesses on the grounds of alleged discovery violations. One such challenged witness, Shane Cox a Litigation and Regulatory Manager employed by Amazon Corp. has been deemed by Judge Hi...

In Episode 611, we address the April 24, 2025 Court order directed toward the Defense's Motion in Limine as to multiple state expert witnesses alleging disclosure violations. In the portion of Judge Hippler's order concerning State expert witness Det. Darren Gilbertson who conducted "timed runs" to determine if one assailant could have committed the crimes in the timeframe allege...

In Episode 610, we address the April 24, 2025 Court order directed toward the Defense's Motion in Limine regarding multiple state expert witnesses alleging disclosure violations. We note here that Judge Hippler has certain concerns about the relevancy of part of one of the State's expert witnesses although the Court notes the Defense has not expressed this same concern "as yet."...

In Episode 608, we address the April 24, 2025 Court order directed toward the Defense's Motion in Limine directed toward multiple state expert witnesses alleging disclosure violations. We note Judge Hippler has denied the defense's application for a pre-trial court order limiting or striking these witnesses, but finds that if defense feels any of them are testifying at trial outside of the...

In Episode 608, we address the fact that Judge Steven J. Hippler has ordered Mr. Kohberger to present any and all offers of proof of alternative perpetrators by the hard deadline of May 14, 2025 - three months before trial. We ask the rhetorical question and provide opinions as to whether this requirement does or does not comply with the Supreme Court of Idaho case all involved (State of Idaho, De...

In Episode 607, we address the April 24, 2025 Order granting the Defense's Motion to Seal Defendant's Objections to the State's Requested Jury Instructions. We note here that the Court's October 9, 2024 Order directing the parties to file their proposed Jury Instructions and Objections/Stipulations thereto did not require matters concerning jury instructions to be filed under seal....

In Episode 606, we discuss the April 24, 2025 Order sealing the State of Idaho's Trial Witness and Exhibit Lists filed to comply with the Court's October 9, 2024 pretrial and trial order. Here, Judge Hippler cites to an administrative rule and a statute authorizing both to be exempt from public disclosure. We also address the differences between "filing" vs. "service" o...

In Episode 605, we note that today April 25, 2025 was the deadline for the State to submit materials, ex parte for an in camera inspection (i.e. for Judge Hippler's eyes only) details regarding its intention to call members of the Kohberger family to serve as State's witnesses against Mr. Kohberger at the upcoming trial. An update on what is noted on the Case Summary Page in the Idaho v. K...

In Episode 604, we discuss the April 24, 2025 Court Order denying the defense's Motion in Limine RE: Vague and Undisclosed Expert Testimony, seeking to limit to disclose State's experts witnesses on the grounds that the State failed to properly disclose their experts. The Court here rules that these experts will be permitted to testify. If however the Defense feels that any expert is speak...

In Episode 603, we discuss the April 24, 2025 Court Order denying the defense's motion to strike the DP during any sentencing phase of this case on the grounds of Mr. Kohberger's recent Autism Spectrum Disorder (ASD) asserting it is the functional equivalent of an intellectual disability. Here, Mr. Kohberger raises his eighth Amendment Privilege (cruel and unusual punishment). He also argu...

In Episode 602, we address the Court's April 24, 2025 Order on State's Motion in Limine regarding the admissibility of the 911 Call and Text Messages placed between the roommates on November 13, 2022, the date of the crimes. New information never-before-released to the public regarding D.M., B.F., Kaylee and Madison's activities at the 1122 King Road residence occurring just before the...

In Episode 601, we address the Court's April 24, 2025 Order on State's Motion in Limine regarding the admissibility of the 911 Call and Text Messages placed between the roommates on November 13, 2022, the date of the crimes. We also note that within this order appears three (3) details never before publicly released regarding D.M., B.F., Kaylee and Madison's activities following their...

In this our milestone Episode 600 of the Idaho v. Kohberger podcast, we address the fact that on April 24, 2025 the Court has granted the Defense's Motion to Seal their "Phase One" lay witness list under seal. We discuss what "Phase One" and what "Lay Witnesses" are. We also briefly look back at this podcast's journey which began with Episode 1 which discussed...

In Episode 599, we address the fact that on April 21, 2025 the Defense filed its Motion to Seal (from public disclosure) its objections to the State of Idaho's jury instructions. We note here at the parties were ordered to file their objections or stipulations concerning the other side's proposed jury instructions by operation of Judge Hippler's October 9, 2024 Court Order but that sai...

In Episode 598, we discuss the Defense's April 21, 2025 Motion to Seal its "Phase One" Lay Witness List. Phase One is also referred to as the "Case in Chief" or the "Guilt Phase" of the proceedings which is scheduled to commence on August 11, 2025. Conversely, Phase Tow is the Sentencing Phase, which would only occur in the event of a conviction. Everything stated...

In Episode 597, we review the State of Idaho's April 21, 2025 Notice of Compliance and Motion to Seal State's Exhibit and Witness Lists, which was hand delivered by the State to the Defense according to this filing. The State discloses that it hand delivered its (1) proposed trial exhibit list (2) proposed trial exhibits and (3) Trial Lay Witness list to defense while seeking an order sealing all...

In Episode 596, we review one of the longest court orders rendered by the Honorable Steven J. Hippler, on the Defense's in Limine RE: Rylene Nowlin and "Touch" and "Contact" DNA which was filed on April 18, 2025. We cut to the chase here and provide opinions on what was ruled upon favorably vs. disfavor ably on this in motion in limine submitted by Defense. Everything state...

In Episode 595, we note that the State of Idaho's deadline for submitting materials to the Court for an ex parte in camera inspection is Friday, April 25, 2025 concerning their calling of the Kohberger family to serve as their witnesses against Mr. Kohberger. We address interesting issues surrounding the issue of how the State may subpoena the Kohbergers to appear at trial, as the family lives...

Everything stated herein is not legal advice, but represents only the creator's pure opinions based on the court filings and proffered pursuant to the First Amendment of the United States Constitution (Freedom of Speech and of the Press) and is offered for educational purposes only. Mr. Kohberger is presumed innocent of the five first degree felonies he has been charged with until or unless he...