In Episode 301, we discuss the State of Idaho's 10/9/24 Objection to Defendant's 9/5/24 Motion to Trifurcate Proceedings and Apply Rules of Evidence during Eligibility Phase. Here, the State asserts that Idaho law allows for two proceedings within the case, the culpability (or case-in-chief) and then if found guilty, a sentencing phase not three as defense asserts (culpability, eligibility, and sentencing). Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

In Episode 300, we address the State of Idaho's 10/9/24 Response to defendant's Motion to Strike Felony Murder Aggravator on the grounds that the issue is "moot." Here we note the State indicates that per an Amended Notice to amend the Death Penalty Notice, also filed 10/9/24, "the State will no longer be pursuing the felony murder aggravator." Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 299, we discuss the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike Notice of Intent to Seek Death Penalty on grounds of international law, filed by defense on 9/5/24. Here, the State urges the court to disregard this "novel" argument and do as a sister Idaho district court did in rejecting a similar motion: State v. Richard Ross. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 298, we review the State's 10/09/24 objection to the Defense's 9/5/24 motion to strike the "HAC" (Heinous, Atrocious and Cruel) statutory aggravator as sought by State in notifying defense it would seek the death penalty if Mr. Kohberger is adjudicated guilty. The state law takes the position that the constitutionality of the HAC aggravator has been upheld. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 297, we evaluate the State of Idaho's 10/9/24 State's objection to Defense's (9/5/24) motion to strike multiple victim's aggravator as to the State's 2023 Notice of intention to seek death penalty if Mr. Kohberger is adjudicated guilty. The State here alleges the Defense's motion should be denied because it does not cite any binding legal authority to strike the multiple victims aggravator, and is instead is attempting to craft a public policy argument and is meritless. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 296, we evaluate the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike the Future Dangerousness Aggravator. Here, the State claims the defense has conceded "from the outset" that his (9/5/24) Motion to Strike the Future Dangerous Aggravator (aka the propensity aggravator) flies in the face of state and federal precedent and therefore is properly denied. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 295, we address the State's 10/09/24 Objection to Defendant's Motion to Strike the death Penalty on Grounds of State Speedy Trial Preventing Effective Assistance of Counsel, responding to defense's filing of 9/5/24. We discuss what the legal concept of "speedy trial" means. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 294, we address the State's 10/9/24 Opposition to Defendant's 9/5/24 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Contemporary Standards of Decency. We discuss that there has been an amendment to the original notice of seeking DP which the State has not noted here, which the defense's 9/5/24 motion was based on and whether the defense will raise this fact in its Reply. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 293, we review the State's Objection to the defense's submission of Dr. Barbara Wolf, a board certified pathologist from proffering expert testimony in this case in defense's quest to strike the notice of seeking death penalty. The State argues that the proffering of Dr. Wolf does not satisfy the Idaho rules of evidence for experts, will not provide testimony that is helpful to the trier of fact, and should not be permitted to serve as an expert here. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/

In Episode 292, we address the State of Idaho's 10/9/24 Objection of Expert Testimony from (University of Idaho Professor) Aliza P. Cover on the grounds that Professor Cover's testimony would not be helpful and that it is well-established that conclusions of law from an expert witness is generally excluded. The State addresses the law review article written by Professor Cover described in her expert report. The State refers to it as an impermissible "legal analysis" and that her view on the Supreme Court's position on the death penalty should be argued by defense counsel not an expert witness. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty.id.gov/judicial-court/kohberger/