Kathy's InDieZoNe

In Episode 495, we note that two of the Defense's February 24, 2025 Motions in Limine (#3 and #4) seek to prevent the use of certain words to be spoken in front of the jury at the trial of this matter which is currently scheduled to occur during the Summer of 2025. Here we proffer the opinion and asks the rhetorical question "do names really hurt" in a criminal capital case such as Idaho v. Kohberger?

To view this motion and other documents from the Idaho v. Kohberger case file, go here:

⁠⁠⁠⁠⁠⁠⁠⁠https://coi.isc.idaho.gov/⁠⁠⁠⁠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 (1) pleads guilty or (2) is adjudicated guilty in a court of law.⁠⁠⁠⁠#Idaho4⁠⁠⁠⁠ ⁠⁠⁠⁠#IdahovKohberger⁠⁠⁠⁠ ⁠⁠⁠⁠#TrueCrime⁠⁠⁠⁠ ⁠⁠⁠⁠#BryanKohberger⁠⁠⁠⁠ ⁠⁠⁠⁠#FirstAmendment⁠

In Episode 494, we discuss the Defense's second motion in limine (following in limine motion #3) addressing the use of language the Defense asserts is prejudicial and violative of Mr. Kohberger's constitutional privileges.

Here, Defense refers to the use of two terms as "name calling" and an improper "diagnosis" and which is supported by the Affidavit of a Dr. John Edens.

To view this motion and other documents from the Idaho v. Kohberger case file, go here:

⁠⁠⁠⁠⁠⁠⁠https://coi.isc.idaho.gov/⁠⁠⁠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 (1) pleads guilty or (2) is adjudicated guilty in a court of law.⁠⁠⁠#Idaho4⁠⁠⁠ ⁠⁠⁠#IdahovKohberger⁠⁠⁠ ⁠⁠⁠#TrueCrime⁠⁠⁠ ⁠⁠⁠#BryanKohberger⁠⁠⁠ ⁠⁠⁠#FirstAmendment⁠

In Episode 493, we address the Defense's Motion in Limine #3 filed February 24, 2025 which addresses concerns with use of possible language by the prosecutor, law enforcement, State expert witnesses and the medical examiner. Said language per the Defense would invade the jury's role as trier of fact by presuming or inferring the presumption of facts not yet determined, prejudice Mr. Kohberger, and violate his state and federal constitutional privileges.

To view this motion and other documents from the Idaho v. Kohberger case file, go here:

⁠⁠⁠⁠⁠⁠https://coi.isc.idaho.gov/⁠⁠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 (1) pleads guilty or (2) is adjudicated guilty in a court of law.⁠⁠#Idaho4⁠⁠ ⁠⁠#IdahovKohberger⁠⁠ ⁠⁠#TrueCrime⁠⁠ ⁠⁠#BryanKohberger⁠⁠ ⁠⁠#FirstAmendment⁠

In Episode 492, we note that with this Response submitted March 10, 2025, the State of Idaho has now filed two (2) responses to the defense's Motions in Limine a full week before their March 17, 2025 court-ordered due dates.

Here, the State addresses allegations raised in the Defense's in limine motion #8 proffering concerns that the State may be seeking to introduce improper character evidence in violation of I.R.E. 404(b) by advising the Court and Counsel their intention to comply with the mandates of the rule.

To view this motion and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠https://coi.isc.idaho.gov/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 (1) pleads guilty or (2) is adjudicated guilty in a court of law.#Idaho4 #IdahovKohberger #TrueCrime #BryanKohberger #FirstAmendment

In Episode 491, we do a deep dive into the State's March 10, 2025 Response to the Defense's Feb. 24, 2025 in limine motion seeking to exclude IGG DNA evidence - the latter of which was the subject of Episode 490 of this continuing podcast series.

We note here that the State is agreeing with Defense in part to the extent that this evidence is properly excluded from trial. However, the State reaches this conclusion on completely different grounds that did the Defense and also vehemently deny they acted in bad faith and urge the Court to deny the Defense's Motion for Sanctions.

To view this motion and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠

https://coi.isc.idaho.gov/

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 (1) pleads guilty or (2) is adjudicated guilty in a court of law.

#Idaho4 #IdahovKohberger #TrueCrime #BryanKohberger #FirstAmendment

In Episode 490, we do a deep dive into the Defense's February 24, 2025 in limine motion seeking to exclude IGG DNA evidence. We note here that the Defense is seeking the same remedy as they did on their Motion to Suppress IGG and in their Motion for a Franks hearing which were both denied raising different constitutional grounds than in their suppression motion.

They are also asserting the State acted in bad faith in not producing this information sooner, leading to prejudice to Mr. Kohberger and should be sanctioned.

To view this motion and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠⁠https://coi.isc.idaho.gov⁠

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 (1) pleads guilty or (2) is adjudicated guilty in a court of law

In Episode 489, we address listener questions regarding the July 30, 2025 at 9:00 am "voir dire" (process of jury selection and whether such proceedings are open or closed to the public.

We discuss a case called Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) where the United States Supreme Court explains that voir dire should be open to the public with very narrow exceptions otherwise - and why.

To view the October 9, 2024 pre-trial and trial order and other document and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠https://coi.isc.idaho.govEverything 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 (1) pleads guilty or (2) is adjudicated guilty in a court of law

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 documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠⁠https://coi.isc.idaho.gov/docs/Cases/...⁠⁠

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 (1) pleads guilty or (2) is adjudicated guilty in a court of law

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 limit mandated by the rule.

To view this document and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠https://coi.isc.idaho.gov/docs/Cases/...⁠

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 (1) pleads guilty or (2) is adjudicated guilty in a court of law

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 not been forthcoming with Expert Disclosures and also indicates that there should be flexibility for both sides to ensure relevant information is available for the future jury to review at trial.

To view this document and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠https://coi.isc.idaho.gov/docs/Cases/...⁠

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 (1) pleads guilty or (2) is adjudicated guilty in a court of law