In Episode 319, we evaluate the Defense's 18th Supplemental Request for Discovery filed on October 31, 2024 with items requested described in an attachment which is not published. We address what a "supplemental" discovery request means, discuss the prior discovery requests, and concerns about the continuing "secrecy" of the case. 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 318, we evaluate the defense's October 24, 2024 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Vagueness in Balancing Aggravators and Mitigation filed with Court by the defense on September 5, 2024 due to a scrivener's error. The defense makes clear they are only seeking to amend the caption of the filing while standing by all content included therein. On October 28, 2024 Judge Hippler finding good cause authorized the caption to the September 5, 2024 filing to be so corrected. 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 317, we review the in our opinion "too brief" Defense Reply to State's Objection to Defendant's Motion to Strike the Death Penalty on Grounds of State Speedy trial preventing Effective Assistance of Counsel. This Reply addresses two critical constitutional guarantees but does not - in our opinion - include enough specific citations to law, or to Defense's original motion and the State's response thereto. 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 316, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response objecting to the Defense's motion to trifurcate the proceedings, which defense notes here Mr. Kohberger's counsel Mr. Logsdon took part in trifurcation of a prior Idaho case and it is not difficult to do. 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 315, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response to State's Objection to Defendant's motion to strike the utter disregard (for human life) aggravator. Defense cites to a 1981 Idaho Supreme Court ruling and argues that the Court changed the aggravator and changed it, asserting the Court "stopped itself" from having to hold the aggravator unconstitutional which it was and continues to be. 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 314, we address the Defense's October 24, 2024 Reply to the State of Idaho's Reply to State's Objection to Defendant's motion to strike HAC (heinous, atrocious, cruel) aggravator. Here, the Defense argues the HAC aggravator was not passed by the Idaho legislature but that the courts have usurped their authority by enacting law and asserts "Mr. Kohberger cannot be put to death on the grounds of an aggravator that was not adopted by the legislature." 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 313, we discuss the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Reply to State's Notice of Intent to seek death penalty on grounds of contemporary standards of decency. Defense provides evidence of evolving standards of society across the country and that Idaho has not put anyone to death in many years, which should be taken into account and strike the death penalty accordingly. 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 312, we review the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Motion to Strike Multiple Victims Aggravatos. Here, the Defense charges the State of ignoring his argument the multiple victims aggravator is unconstitutional and has set up a a "strawman argument," thus there is nothing Defense can Reply to. 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