Kathy's InDieZoNe

In Episode 586, we address the matter that Judge Steven J. Hippler granted the State's Motion in Limine to introduce a 3D not-to-scale model of the house where the crimes occurred at trial as a "demonstrative tool" so long as the State is able to lay the proper foundation for the same. In this ruling, the Court sets out several reasons why such a model used for demonstrative purposes...

In Episode 585, we note that on April 18, 2025, Judge Steven J. Hippler rendered a written ruling granting in part the Defense's Motion in Limine # 14 RE: Statistical Analysis which boils down to the questioning of a lab analyst regarding statistical analysis of the results of testing of the sheath found at the crime scene as compared to global population during the May 2023 State Grand Jury p...

In Episode 584, we note that on April 18, 2025, Judge Steven J. Hippler rendered a written ruling granting in part the State's Motion exclude defense from making any reference in front of the jury as to absence of AT&T Timing Advance Records. These relate to Mr. Kohberger's AT&T cell phone activity. The State here asserts it has turned over what it received from AT&T and that t...

In Episode 583, we note that on April 18, 2025, Judge Steven J. Hippler rendered a written ruling denying the Defense's Motion in Limine # 9 Excluding Amazon Click Activity Evidence at Trial. Judge Hippler has rejected the Defense's arguments this evidence, which includes according to the Court alleged purchases of a K-Bar and Sheath, is out-of-context, incomplete and unfairly prejudicial...

In Episode 582, we note that on April 18, 2025, Judge Steven J. Hippler rendered a written ruling on the State of Idaho's Motion in Limine concerning the Defense's possibly submitting Offers of Proof that another person or person is/are responsible for the catastrophic events at 1122 King than Mr. Kohberger. The Court here sets sets standards and a decline for the Defense to submit these &...

In Episode 581, we note that on April 18, 2025 Judge Steven J. Hippler issued an order on three (3) motions in limine - one by the State, 2 by the Defense - centering on the very long, very hotly contested issue of Investigative Genetic Genealogy (IGG). The parties advised the Court that neither side will introduce this matter to the jury at trial. The Court granted the motions and directed to wor...

In Episode 580, we note that on April 18, 2025 Judge Steven J. Hippler issued an order denying the State of Idaho's In Limine (before trial) Motion to prevent Defense Counsel from declaring that the state is attempting to unalive their client in this capital case. The Court has denied the State's motion, finding it as unnecessary and we provide our opinions why here. Everything stated here...

In Episode 579, we note the first of two motions in limine that Judge Hippler has denied as "unnecessary" in a sweeping April 18, 2025 written order memorializing to writing multiple verbal rulings made at the April 9, 2025 hearings on the in limine motions. The subject of this Order is the Defense's Motion in Limine #1 concerning Inflammatory Evidence. Everything stated herein is not legal advice...

In Episode 578, we note that according to Judge Steven J. Hippler's Order of April 18, 2025, the Defense's motion to prevent the State from referring to Mr. Kohberger in two specific terms cited in the in limine motion has been granted. The Court has found there to be no record evidence he was ever diagnosed with that the Court framed these terms to be medical conditions and that the State...

In Episode 577, we note that on April 18, 2025 Judge Steven J. Hippler has demoralized multiple verbal rulings from Oral Argument on April 9, 2025 regarding multiple motions in limine. Amongst them is that the Defense's Partial Alibi Defense based on expert witness Sy Ray's proposed testimony has been thrown out as non-compliant with Idaho law, however, the Defense may still provide an ali...

In Episode 576, we provide information on four (4) written rulings on Motions in Limine following hearings which were entered on April 18, 2025. 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 offere...

In Episode 576, in follow-up to Episode 575, we note that on April 16, 2025, the Court entered two (2) orders sealing discovery upon two (2) defense motions filed April 15, 2025. However, we discuss the fact that Judge Hippler cites to different legal authority in granting these motions. Everything stated herein is not legal advice, but represents only the creator's pure opinions based on the...

In Episode 574, we address two motions to seal discovery (evidence) both of which were filed on April 15, 2025. Both are defense motions. One does not give an explanation why the discovery response addressed in the motion meets the criteria of law to be sealed from public disclosure. We provide pure opinions on the possible drastic precedent this case may be establishing concerning First Amendment...

In Episode 573, we note that Judge Hippler on April 16, 2025 rendered orders granting motions for the parties' respective Trial Briefs to be filed under seal. However, the October 9, 2024 PreTrial and Trial Order entered by Judge Hippler did not state that these crucial filings were to be filed under seal, in yet the most recent examples of documents that are being withheld from the public in...

In Episode 572, we note that Judge Hippler on April 16, 2025 rendered orders granting motions for the parties' respective proposed jury instructions under seal when the Court's Pretrial and Trial Order of October 9, 2024 did not direct these proposed jury instructions to be filed under seal. Moreover, as jury instructions provide legal guidelines and where standard jury instructions are published...

In Episode 571, we note that Judge Hippler on April 16, 2025 rendered a ruling on the State's Motion in Limine RE: Family members in the courtroom during Mr. Kohberger's trial. The court has ruled that in favor of the victim's family members being permitted to be present whether or not they are testifying at the case in chief based on Idaho statutory and constitutional law. As to the c...

In Episode 570, we note that according to the Case Summary Page, four documents filed from March 11 through April 9, 2025 as official public records have not been released on the public docket in Idaho v. Kohberger as of the afternoon of April 16, 2025. The four public records in question are three subpoenas and the Court Minutes from the April 9, 2025 Motions in Limine Oral Arguments held before...

In Episode 569, we note that per the Case Summary Page maintained by the Clerk of Court, that the Defendant on April 15, 2025 filed additional exhibits containing their responses to the State of Idaho's discovery requests - under seal. We further opine that this is in continuation of a trend that occurred at the start of the case in January 2023 when the Defense and State have filed the substa...

In Episode 568, we note that per the Case Summary Page maintained by the Clerk of Court, that the State of Idaho and the Defense have filed their proposed jury instructions and trial briefs under seal on April 14, 2025. Although certain related documents including the parties ' motions to seal are public records, they do not appear on the public docket as of April 15, 2025 - the last date that...

Please note that Episode 567 is in follow-up to the Court's Order described in Episode 565 of this continuing Idaho v. Kohberger podcast series. Here we discuss the fact that the Defense has submitted a document signed and docketed on April 10, 2025 in apparent compliance with the Court's Order of April 14, 2025. This Order directed the Defense to submit a redacted filing that would be rel...

In Episode 566 we note that, per the Case Summary Page in Idaho v. Kohberger, the April 16, 2025 closed and sealed hearings on the matter of the proposed jury questionnaires has been cancelled with no further details as to why or whether or when this hearing is being reset to. This hearing was set to occur on April 16th back on October 9, 2024 in the Redacted Order Governing Further Criminal Proce...

In Episode 565, we review Judge Hippler's Order of April 14, 2025 sealing the Defendant's Response to State's First Supplemental Request for Discovery per a Stipulation entered into by the parties. However, the Court also states that "The defendant shall provide the Court with redacted copies for public view that will not be sealed." In our opinion, this appears to be in tune with the Court's prio...

In Episode 564, we note that per the Defense's April 10, 2025 Response to State's First Supplemental Request for Discovery RE: Transfer of Test Materials that an agreement was reached to have Mr. Kohberger's psychologist Dr. Orr turn over testing results to the State's psychologist/expert. We learn that that was meant to comply with APA ethical guidelines rather than to file the do...

In Episode 563, we observe two critical deadlines of April 14, 2025 of items to be filed with the Court regarding the upcoming jury trial of this matter in Idaho v. Kohberger: Proposed Jury Instructions and the State and the Defense's Trial Briefs. We explain examples of possible jury instructions and also address what a Trial Brief is and what may be included in the State and Defense's Re...

In Episode 562, we note the Defense on April 8, 2025 submitted a Notice of Filing indicating that they would be hand-delivering to the Court an Exhibit, a video of the body cam footage of a traffic stop of Mr. Kohberger in Moscow on August 21, 2022 which has never been released to the public, in support of their objection to the State's Motion in Limine in anticipation of oral argument on Apri...