Kathy's InDieZoNe

In Episode 488, we address the State of Idaho's (early by approximately one week) March 10, 2025 Response to the Defense's Motion in Limine challenging the State's calling of Dr. Mittleman as an expert witness. Dr. Mittleman's proposed testimony concerns one of the most hotly contested matters in the entire proceeding, relative to IGG/DNA testing. To view this document and other do...

In Episode 487, we discuss the State of Idaho's March 10, 2025 Motion seeking authority from Judge Hippler to file a Response exceeding the 15 page limit set by a local rule of court by one page. This pertains to the State's Response to the Defense Motion in Limine RE: IGG. We also note here that on March 11, 2025 Judge Hippler granted this motion authorizing the State to exceed the page l...

In Episode 486, we address the March 10, 2025 State of Idaho's Response to the Defense's March 5, 2025 Motion for Leave of Court seeking permission to file additional expert witness disclosures and asserting that the State has no objection to the Court's granting leave to the Defense. However, the State also denies the Defense's position that leave is required because the State has...

In Episode 485, we discuss a Stipulation entered between the parties and filed on February 24, 2024. Here, the parties seek the entry of an order authorizing their respective lead investigators to remain in the courtroom during the upcoming trial of this matter. To view this document and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠ https://coi.isc.idaho.gov/docs/Cases/... Ev...

In Episode 484, we discuss the State of Idaho's February 24, 2025 Motion in Limine seeking two rulings from Judge Hippler: (1) to define who "immediate family" members are under Idaho law and (2) for an order allowing them to remain in the courtroom, if they choose, during the trial irrespective of when they are scheduled to testify. The State has provided an exhibit to this motion i...

In Episode 483, we address the Defense's Motion in Limine moving the Court for the entry of an Order prohibiting vague or undisclosed State of Idaho experts from testifying at trial and also seeking as a sanction the striking of the DP. The Defense includes in 13 separate categories set forth in this filing the names of the State's experts ,many of which the public is only learning of for...

In Episode 482, we address the Defense's February 24, 2025 Motion in Limine seeking to preclude the State of Idaho from introducing "inflammatory" evidence at trial. Here, the Defense provides examples of what it asserts this term means. To view this document and other documents from the Idaho v. Kohberger case file, go here: https://coi.isc.idaho.gov/docs/Cases/... The IndieZoNe You...

In Episode 481, we discuss the State of Idaho's February 24, 2025 Motion in Limine seeking to have statements made during the 911 call from 1122 King Road on November 13, 2022 deemed as exceptions to the hearsay rule so as to authorize its introduction at trial as evidence. We note that the State of Idaho has indicated here the call was placed immediately after the discovery of Xana Kernodle a...

In Episode 480, we address yet another order authorizing information regarding discovery to be filed under seal. The Order in question relates to the Defense's Seventh Motion to Compel Discovery requested in the Defense's 22nd Supplemental Discovery Request and seeking authority to file "Exhibit A" (describing what discovery has allegedly been improperly withheld) under seal. The...

In Episode 479, we take a deep dive into the State of Idaho's Motion in Limine regarding text messages from November 13, 2022, concerning texts exchanged between the two surviving roommates and the State's efforts to convince the court these texts should be admitted as exceptions to the hearsay rule. The term "Xana was wearing all black" appears to be a tragic reference to clothi...

In Episode 478, we address questions received in follow-up to Episode 477 where we discussed "State's Motion in Limine RE: self-authentication of records..." We also discuss the schedule of hearings on this and all Motions in Limine as it pertains to the briefings and oral argument. The State's motion is available for your review here: https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/022425-REDAC...

In Episode 477, we address one of the State of Idaho's motions in limine filed February 24, 2025 which was initially under seal but has been released to the public. Entitled "State's Motion in Limine RE: self-authentication of records..." this filing cites to multiple titles of items the State will introduce in the case as evidence to help prove their case in chief. The State&#39...

In Episode 476 we discuss the defense's March 6, 2025 7th Motion to Compel Discovery related to the 22nd supplemental request for discovery. We address the fact that a defendant's motion to compel discovery relates to evidence a party believes is in the State's possession that has not been turned over. We also note here that the defense is seeking an hour long hearing from Judge Hipple...

In Episode 475 we address the defense's March 6, 2025 motion for leave of court o either amend their expert witness disclosures or file further motions in limine regarding the same. The defense asserts this pertains to newly disclosed expert witness information provided by the State. We note in the final paragraph of this filing that the Defense states if the Court requires a hearing on the ma...

In Episode 474, we discuss the State's motion to amend the no contact orders first issued in January 2023 to include additional parties. We note that this is the second proposed amendment to the no contact orders in this case. To review the State's motion, go here: https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/030625-Motion-Modify-No-Contact-Order.pdf The IndieZoNe YouTube channel is h...

In Episode 473, we address new defense counsel Bicka Barlow's Motion in Limine #5 RE: Inconclusive Data concerning statistical analysis of an item called "Q13.1" concerning Madison Mogan's fingernail clippings which included a mixture of contributions from three people which was "inconcusive.". We learn here that Mr. Kohberger underwent an independent evaluation and was...

In Episode 472, we review Defense's Motion in Limine #17 which was filed back on February 24, 2025, placed under temporary seal pending Judge Hippler's review and then released to the public on March 4, 2025. This in limine motion goes to a hotly contested matter regarding the witness identification of 'the intruder" by D.M. one of the surviving roommates at 1122 King Road. It pro...

In Episode 471, we discuss the fact that after more than 2 years of speculation about whether Suspect Vehicle 1 was a car seen in the infamous Linda Lane parking lot footage or seen speeding past a gas station, an official image of SV1 has been released in the Defense Motion in Limine #12 RE: Make and Model of Suspect Vehicle. An image timestamped just before the crimes occurred by a camera locate...

In Episode 470, we address the fact the (more than 30 page) Defense Motion to Strike the DP in this capital punishment case on the grounds of Mr. Kohberger's autism spectrum disorder is now available for the public to review. Here we are provided with an answer to our prior inquiry of why he is filing this document well beyond the deadline imposed by Judge Hippler in the October 9, 2024 pretri...

In Episode 469, we review Judge Hippler's March 3, 2025 Order sealing the Defense's exhibits to their sealed Motion seeking to strike the DP as a penalty (Note: This would only be at issue in the event of a conviction during any penalty phase of the trial). It is unclear why another filing was filed seeking the strike the DP as multiple defense motions were previously entertained (and deni...

in Episode 468, we address Judge Hippler's March 3, 2025 order sealing all of the defense's exhibits in support of all of their motions in limine, which are currently also under seal. To review the court filings in Idaho v. Kohberger, go here: https://coi.isc.idaho.gov Everything stated here is not legal advice, but represents only the creator's pure opinions based on the court filings and proffer...

In Episode 467, we note that multiple items have been posted on the Case Summary Page as filed on March 3, 2025, and review all. We also address outstanding matters from February 2025 that have not been released to the public. Everything stated here 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 U...

In Episode 466, we discuss a Feb. 28, 2025 court order effectively determining that all Defense Motions in Limine and State's Motions in Limine filed Feb. 24, 2025 are under seal, note that four prior State Motions in Limine are public records, and the impact of this order to upcoming hearings that will be closed or open to the public. We also address two other sets of matters that are schedul...

In Episode 465 we address the fact that on Feb. 28, 2025 a notation appearing on the Case Summary Page reflected the filing of a fifth subpoena issued in approximately 2.5 weeks time following the four (4) which were issued on Feb. 12, 2025 which have never been released to the public - nor are they the subject of an order sealing them. Everything stated here is not legal advice, but represents on...

In Episode 464, we address Judge Steven J. Hippler's Feb. 28, 2025 order sealing all defense motions in limine and those motions in limine filed by the State on Feb. 24, 2025. No explanation is given why the State's Feb. 21, 2025 four (4) in limine motions were quickly released. The court's ruling raises questions about what part of the hearings on the motions in limine (set for April...