Court Filing
Electronically Filed 11/20/2024 4:32 PM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Jennifer Keyes, Deputy Clerk LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR., ISB 2613 PROSECUTING ATTORNEY JEFF NYE, ISB 9238 SPECIAL ASSISTANT ATTORNEY GENERAL Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 paservice@latahcountyid.gov IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA Case No. CR01-24-31665 STATE OF IDAHO, Plaintiff, MOTION TO STRIKE DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION V. TO SUPPRESS RE: GENETIC INFORMATION AND MEMORANDUM IN SUPPORT OF A BRYAN C. KOHBERGER FRANKS HEARING Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and moves to strike Defendant's Memorandum in Support of Motion to Suppress Re: Genetic Information, and Memorandum in Support of a Franks Hearing, because they violate the local rules of the Fourth Judicial District. Memoranda in support of non-dispositive motions “ must not exceed 15 pages. " L.R. 8.1. Defendant violated this rule when he filed a 37-page memorandum to support his motion to suppress genetic information, and a 33-page memorandum in support of his motion for a Franks hearing, without seeking leave of this Court. See L.R. 8.3 (explaining “ [p] age limitations in excess of those set forth in Rule [] 8.1... requires prior leave of court "). MOTION TO STRIKE DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS RE: GENETIC INFORMATION AND MEMORANDUM IN SUPPORT OF A FRANKS HEARING 1 A memorandum in support is not being filed with this motion as the State believes page limitations qualify as a routine matter. See L.R. 8.1. The State requests that the Court decide this issue without a hearing. See L.R. 5.3. RESPECTFULLY SUBMITTED this 20th day of November, 2024. ppy William W. Thompson, Jr. Jeff Nye Prosecuting Attorney Special Assistant Attorney General MOTION TO STRIKE DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS RE: GENETIC INFORMATION AND MEMORANDUM IN SUPPORT OF A FRANKS HEARING 2 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the MOTION TO STRIKE DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS RE: GENETIC INFORMATION AND MEMORANDUM IN SUPPORT OF A FRANKS HEARING were served on the following in the manner indicated below: Anne Taylor E-filed & Served / E-mailed Attorney at Law P.O. Box 2347 Coeur D ' Alene, ID 83816 anne@annetaylorlaw.com Dated this 20th day of November, 2024. eng MOTION TO STRIKE DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS RE: GENETIC INFORMATION AND MEMORANDUM IN SUPPORT OF A FRANKS HEARING 3