Court Filing
Filed: 12/28/2023 15:33:22 Second Judicial District, Latah County Julie Fry, Clerk of the Court By: Deputy Clerk-Mottern, Beth IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН STATE OF IDAHO,) ) Case No. CR29-22-2805 Plaintiff,) ) ORDER SETTING HEARINGS ON VS.) DEFENDANT'S MOTION TO ) RECONSIDER OR FOR PERMISSION ) ΤΟ APPEAL, AND ON THE STATE'S BRYAN C. KOHBERGER,) MOTION FOR SCHEDULING ORDER ) Defendant.) ) Based on the State's Motion for Scheduling Order filed December 21, 2023, and Defendant's sealed Motion to Reconsider Orders Denying Motions to Dismiss Indictment and in the Alternative for Permission to Appeal from Interlocutory Orders and a Stay of Proceedings filed on December 21, 2023, the Court orders the following: 1) A hearing on Defendant's Motion to Reconsider Orders Denying Motions to Dismiss Indictment and in the Alternative for Permission to Appeal from Interlocutory Orders and a Stay of Proceedings will be heard on January 26, 2024. Beginning at 11:00 a.m. PT the Court will hear argument pertaining to the Sealed Order Denying Motion to Dismiss Indictment on Grounds of Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct. This hearing will be sealed and closed to the public to protect the privacy of the grand jurors and the grand jury's procedures. At 1:00 ORDER SETTING HEARINGS ON DEFENDANT'S MOTION TO RECONSIDER OR FOR PERMISSION TO APPEAL, AND ON THE STATE'S MOTION FOR SCHEDULING ORDER-1 p.m. PT the Court will hear argument pertaining to the Order Denying Motion to Dismiss Indictment for Inaccurate Instructions to Grand Jury. This hearing will be open to the public. The public and the media may attend in person or can watch the live stream feed of the proceedings found at: https://www.youtube.com/channel/UCAOFrQpvtre9HRSzhY-zhCA. 2) A scheduling conference will begin following the conclusion of arguments on Defendant's Motion. The scheduling conference will be open to the public and live streamed on the Court's YouTube channel at the link above. 287 DATED this day of December 2023. Aufe John C. Judge District Judge ORDER SETTING HEARINGS ON DEFENDANT'S MOTION TO RECONSIDER OR FOR PERMISSION TO APPEAL, AND ON THE STATE'S MOTION FOR SCHEDULING ORDER-2 CERTIFICATE OF SERVICE I certify that copies of the ORDER SETTING HEARINGS ON DEFENDANT'S MOTION TO RECONSIDER OR FOR PERMISSION TO APPEAL, AND ON THE STATE'S MOTION FOR SCHEDULING ORDER were delivered by email to: William W. Thompson, Jr. Latah County Prosecuting Attorney Paservice@latah.id.us Jeffery Nye Deputy Attorney General Jeff.nye@ag.idaho.gov Ingrid Batey Deputy Attorney General Ingrid.batey @ ag.idaho.gov Anne C. Taylor and Jay Logsdon Attorneys for Defendant pdfax@kcgov.us Elisa C. Massoth Attorney for Defendant emassoth@kmrs.net on this 28TH day of December 2023. CLERK OF THE COURT Modtera By: Deputy Clerk ORDER SETTING HEARINGS ON DEFENDANT'S MOTION TO RECONSIDER OR FOR PERMISSION TO APPEAL, AND ON THE STATE'S MOTION FOR SCHEDULING ORDER-3