Motion for Leave to File Responses

Electronically Filed
3/6/2025 12:11 PM

Fourth Judicial District, Ada County Anne Taylor Law, PLLC Trent Tripple, Clerk of the Court
By: Jennifer Keyes, Deputy Clerk Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816
Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661
Phone: (208) 642-3797; Fax: (208)642-3799 Bicka Barlow Pro Hac Vice 2358 Market Street San Francisco, CA 94114
Phone: (415) 553-4110 Assigned Attorney:
Anne C. Taylor, Attorney at Law, Bar Number: 5836 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 Bicka Barlow, Attorney at Law, CA Bar Number: 178723 Jay W. Logsdon, First District Public Defender, Bar Number: 8759
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO,

CASE NUMBER CR01-24-31665

Plaintiff,
DEFENDANT'S MOTION FOR LEAVE

V. ΤΟ FILE RESPONSES TO THE STATE'S

AMENDED EXPERT DISCLOSURES

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby moves the Court for leave from the court's Sealed Order Governing Further Criminal Proceedings and Notice of Trial Setting filed 10/09/2024. Defense Counsel is asking for leave to file responses to the State's Amended Supplemental Response to Request for Discovery Regarding Expert Testimony filed with the Court on 3/3/2025.

DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSES

TO THE STATE'S AMENDED EXPERT DISCLOSURES PAGE-1

Mr. Kohberger requests leave to provide responses to the State's amended disclosures to the extent the disclosures present new or changed expert opinion that his experts will address at trial.

Mr. Kohberger requests leave to amend or file additional Motions in Limine relating to these disclosures.

Mr. Kohberger grounds these requests in his United States and Idaho Constitutional rights of confrontation, a fair trial, effective assistance of counsel and presenting a full defense.

These disclosures were made two months after the State's expert disclosure deadline and over a month after the State had the benefit of Mr. Kohberger's expert disclosures. Further, the disclosures did not come until two weeks after the State's rebuttal expert disclosure. Mr.

Kohberger notes that in the March 3, 2025 disclosure one of the new disclosures is an expert report that makes changes to the original report; that report was dated February 13, 2025, in time for the State's rebuttal disclosure. For unexplained reasons the expert report was held an additional two weeks before disclosure.

Should the Court require a hearing on this matter, counsel requests 30 minutes to present oral argument, evidence and / or testimony in support thereof.

DATED this 6 day of March, 2025.

an
ANNE C. TAYLOR

ANNE TAYLOR LAW, PLLC

DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSES

TO THE STATE'S AMENDED EXPERT DISCLOSURES PAGE-2

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 6 day of March, 2025 addressed to:
Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov Elisa Massoth – via Email: legalassistant@kmrs.net Jay Logsdon – via Email: Jay.Logsdon@spd.idaho.gov Bicka Barlow, Attorney at Law – via Email: bickabarlow@sbcglobal.net Jeffery Nye, Deputy Attorney General – via Email: Jeff.nye@ag.idaho.gov Dul
DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSES

TO THE STATE'S AMENDED EXPERT DISCLOSURES PAGE-3