Kathy's InDieZoNe

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...

In Episode 561, we address the fact that the State of Idaho and the Defense are required to file their trial lay witness lists on or before April 21, 2025. Because however the parties have been ordered to file their respective lay witness lists for trial under seal therefore the names of the witnesses will be filed outside of the public realm. We address the fact that because of this order, it is...

In Episode 560, we note Defense's 7th Motion to Compel Discovery - based on their 22nd Supplemental Discovery Request - filed March 6, 2025 and asking for a one hour hearing and the opportunity to present evidence remains outstanding. This discovery request dates back to January 2025. We pose the rhetorical question of whether this matter has "fallen through the cracks" as it was nev...

In Episode 559, we address questions from listeners following up to a YouTube presentation addressing the forthcoming hearings on offers of proof regarding alternative perpetrators (to Mr. Kohberger) which per Judge Hippler would occur at or near the time of the May 15-16, 2025 Pre-Trial Conference. The YouTube Presentation is here: https://www.youtube.com/watch?v=8KYyghRtyvU&t=120s verything...

In Episode 558, we note that on April 8, 2025 the Defense filed its 4th Supplemental Response to the State's Discovery Request described as contained within an index in a contemporaneously filed "Exhibit D" referencing a January 25, 2025 protective order. We also note that the Defense filed an April 8, 2025 Motion to Seal "Exhibit D" which Judge Hippler granted in an order dated April 10, 2025. We...

In Episode 557, we note that an order sealing a document related to one of the most hotly-contested motions in limine RE: AT&T Timing Advance Records was entered by Judge Hippler on April 10, 2025. This was one day after the hearings on all motions in limine occurred on April 9, 2025 and is based on a stipulation to seal an exhibit concerning the in limine motion RE: AT&T Timing Advance Re...

In Episode 556, we provide an update as to the status of the multiple Motions in Limine filed by the State and the Defense in February 2025 which were entertained at oral argument by Judge Hippler on April 9, 2025. The link to the Ada County YT channel containing information on live streaming of all hearings discussed in this podcast episode is here: https://www.youtube.com/@idahofourthdistrictcou...

In Episode 554, we are following up on Episode 553 where we address the fact that with the important multiple motions in limine set to be entertained by Judge Hippler in just over 24 hours, the Case Summary Page which might reflect the Court's Order providing such information as how the public might access these hearings (i.e. whether the courtroom will be open or closed to the public and if t...

In Episode 554, we address the fact that with the important multiple motions in limine set to be entertained by Judge Hippler in approximately 24 hours, the Case Summary Page which might reflect the Court's Order providing such information as how the public might access these hearings (i.e. whether the courtroom will be open or closed to the public and if the open hearings will be live-streame...

In Episode 553, we address the future jury who will act as the "triers of fact" in Idaho v. Kohberger. We investigate such questions as what number of jurors must be selected at voir dire to sit on the panel in judgment of Mr. Kohberger, what is the process to determine which citizens of Ada County will be selected to be summoned for jury duty and when will Judge Hippler conduct a hearin...

In Episode 552, we address the fact that nearly 2 ½ years have passed since November 13, 2022 the day the tragedies at 1122 King Road, Moscow Idaho occurred. As of now just 115 days remain until Voir Dire in Idaho v. Kohberger. We provide an overview of the remaining pre-trial matters to ready the matter for trial that are set to occur between now and the process of jury selection, in these remain...

In Episode 551, we address a few listener inquiries to the effect of where is the "missing" hearing notice for the April 9-10 oral argument on the in limine motions, 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...

In Episode 550, we address the multiple motions in limine which are set to be entertained at oral argument on April 9-10, 2025 by Judge Steven J. Hippler. Much is at state for both sides as the majority of these motions deal with what evidence will be authorized by the Court - the trier of the law - to be presented to the Trial of Fact the future jury, at the summer 2025 trial in Idaho v. Kohberge...

In Episode 549, we noted the appearance of Special Assistant Attorney General Joshua Hurwit as counsel for the state of Idaho. We also note Mr. Hurwit "hit the ground running" based on two discovery-related documents filed April 2, 2025 which, unfortunately and a representing a continuing trend established in January 2023, included the substance of what has been requested in an accompany...

n Episode 548, we note that per the calendar, the hearings on multiple motions in limine are days away. The stakes could not be higher for both sides depending on how Judge Hippler rules on these in limine motions as most deal with evidence the State will be permitted to introduce at trial. The State's motion in limine regarding the alibi defense is rather unique due to the relief the State is...

In Episode 547, we note that 16 days after Judge Hippler denied the Defense's Motion to have Sy Ray, Mr. Kohberger's alibi witness, to testify live at the April 9-10 in limine hearings and ordered defense to file Mr. Ray's alibi declaration, it remains outstanding . Everything stated herein is not legal advice, but represents only the creator's pure opinions based on the court fili...

In Episode 546, we address the Defense's March 24, 2025 Reply to State's Responses to Defendant's Motion in Limine #12 pertaining to evidence related to the Make and Model of Suspect Vehicle 1. The Defense argues certain information should be kept out of the case regarding the travels of Suspect Vehicle 12 as invading the province of the jury. In Episode 545, we note that two weeks aft...

In Episode 545, we note that two weeks after Judge Hippler denied the Defense's request that proposed expert witness Sy Ray be authorized to provide testimony in support of the Defense's objection to the State's in limine motion RE: alibi defense, and ordered that if the Defense wished to produce Mr. Ray as a witness corroborating Mr. Kohberger's alibi that he was to file a declara...

In Episode 544, we note several items due in April 2025 signifying just how close the start of the trial is in Idaho v. Kohberger. Amongst other matters, both sides are court-ordered to submit their proposed jury instructions on or before April 14, 2025, with objections and/or notifications of stipulations (agreements) on what the jury instructions should look like due one week later. We explain t...