In Case Number CR01-24-31665, the State of Idaho has filed a reply addressing the defendant, Bryan C. Kohberger's, response to the State's motion in limine concerning the admissibility of neuropsychological and psychiatric evidence. The State argues that the defense's intention to present such evidence to explain Kohberger's behavior and appearance before the jury is unsupported by legal authority and is irrelevant to determining his guilt or innocence. They contend that introducing this evidence could confuse the issues, mislead the jury, and appeal to their sympathies, which is prohibited under Idaho Rules of Evidence 401, 402, and 403. Additionally, the State notes that the defense has introduced a declaration from Dr. Jeffrey Lewine, a previously undisclosed expert, and asserts that this late disclosure is inappropriate and lacks relevance to the case. The State maintains that a defendant's demeanor and appearance in court are not considered evidence and should not be subject to explanation through expert testimony. They request that the court exclude any such neuropsychological and psychiatric evidence intended solely to interpret Kohberger's courtroom behavior or appearance.
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