Court Filing
NO. 131 Α.Μ. FILED P.M. NOV 22 2024 IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT TOENT TRIPPLE, Clerk By ANNA MEYER THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA DEPUTY STATE OF IDAHO, Ada County Case No. CR01-24-31665 Plaintiff, V. ORDER RE: FRANK'S MOTION BRYAN C. KOHBERGER, Defendant. Before the Court is Defendant's Motion for Frank's Hearing (Nov. 14, 2024) and Memorandum in Support of Motion for Frank's Hearing (Nov. 18, 2024). Accompanying the motion are 38 exhibits comprising over 2000 pages. Unfortunately, Defendant's memorandum largely fails to identify with particularity the relevant portions of the exhibits, instead referring simply to the exhibit number without identifying the precise pages at issue.¹ Thus, the Court is left with the unenviable task of sifting through pages and pages of largely irrelevant documents to ascertain what portion Defendant may be referring to. The " court is not required to search the record looking for evidence. " Venable v. Internet Auto Rent & Sales, Inc., 156 Idaho 574, 582, 329 P.3d 356, 364 (2014). Consequently, if Defendant wants the motion to be considered, he must file a revised memorandum identifying the relevant portions of the record by page number (and line number if referring to testimony) for the facts asserted. In addition, Defendant must resubmit his supporting exhibits to exclude portions that are not relevant to the motion. Because the State is under a 1 By way of example, Defendant cites generally to Exhibit D9 for the proposition that law enforcement's vehicle expert felt more comfortable setting the date range of 2011-2013 for the Elantra. That exhibit is over one hundred pages of duplicative emails. Defendant does not identify which email supports his proposition. The Court will not do counsel's job and scour the exhibit to decide what portions defendant must be suggesting supports his assertion. deadline to respond, the Court will allow Defendant until Tuesday, November 26, 2024 to submit the revised filings. this020nd ORDERED and DATED this day of November, 2024. Ar Steven Hippler District Judge CERTIFICATE OF MAILING 22nd day of November, 2024, I caused a I HEREBY CERTIFY that on this true and correct copy of the above and foregoing instrument to be mailed, postage prepaid, or hand-delivered, to: William W. Thompson, Jr. Ashley Jennings LATAH COUNTY PROSECUTING ATTORNEY paservice@latah.id.us Jeffery Nye Ingrid Batey DEPUTY ATTORNEY GENERAL Jeff.nye@ag.idaho.gov Ingrid.batey@ag.idaho.gov Anne Taylor ATTORNEY FOR DEFENDANT info@annetaylorlaw.com Elisa C. Massoth ATTORNEY FOR DEFENDANT emassoth@kmrs.net Jay Logsdon ΚΟΟΤΕΝΑΙ COUNTY PUBLIC DEFENDER jay.logsdon@spd.idaho.gov ADA COUNTY SHERIFF'S OFFICE VIA EMAIL TRENT TRIPPLE Clerk of the District Coun ISTRIC By: Deputy Court Clerk من ORDER