Court Filing
Filed: 05/19/2023 15:10:44 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 LATAH STATE OF IDAHO, Case No. CR29-22-2805 Plaintiff, VS. SECOND AMENDED ORDER VACATING HEARING AND SETTING BRYAN C. KOHBERGER, SCHEDULING CONFERENCE FOR Defendant. MOTIONS RE: AMENDED NONDISSEMINATION ORDER A Motion to Appeal, Amend and / or Clarify Amended Nondissemination Order and a Memorandum in Support of Motion for Appeal and / or Clarification of Amended Nondissemination Order were filed by counsel for the Goncalves family on February 3, 2023. A Petition for Writ of Mandamus or a Writ of Prohibition was filed with the Idaho Supreme Court (Docket No. 50482-2023) on February 6, 2023, titled The Associate Press, et al. v. Second Judicial District of the State of Idaho, County of Latah, Honorable Megan E. Marshall, Magistrate Judge, related to the Amended Nondissemination Order in this case. A Memorandum of Points and Authorities Relating to Nondissemination Order and Affidavit of Latah County Prosecutor William W. Thompson, Jr. were filed by the State of Idaho on February 8, 2023. An Objection to Motion to Appeal, Amend and / or Clarify Nondissemination Order was filed by counsel for Mr. Kohberger on February 9, 2023. On February 27, 2023, the court issued a Notice Regarding Hearing Date on Motion to Appeal, Amend, and / or Clarify Amended Nondissemination Order providing notice that the Goncalves ' motion would be set for hearing upon the issuance of the Idaho Supreme Court's decision in The Associated Press, et al. v. Second Judicial District (Docket No. 50482-2023). On April 24, 2023, the Idaho Supreme Court issued an opinion dismissing the Associated Press, et SECOND AMENDED ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE FOR MOTIONS RE: AMENDED NONDISSEMINATION ORDER - 1 al.'s Petition for Writ of Mandamus or a Writ of Prohibition. On April 28, 2023, the court issued a Notice of Hearing setting the Goncalves ' Motion to Appeal, Amend, and / or Clarify Amended Nondissemination Order for hearing on May 25, 2023. On May 2, 2023, the Associated Press, et al. filed a Motion to Intervene and a Motion to Vacate the Amended Nondissemination Order. The Goncalves ' motion and the Associated Press, et al's motion concern the same subject matter, the Amended Nondissemination Order, and should be set for hearing at the same timer for judicial efficiency. Therefore, after due consideration, IT IS HEREBY ORDERED that the Motion Hearing Re: Goncalves ' Motion to Appeal, Amend and / or Clarify Amended Nondissemination Order scheduled for May 25, 2023, is vacated. IT IS FURTHER ORDERED that a Scheduling Conference Re: Goncalves ' Motion to Appeal, Amend, and / or Clarify Amended Nondissemination Order and the Associated Press, et al's Motion to Intervene and Motion to Vacate the Amended Nondissemination Order will be held on May 22, 2023, at 10:00 a.m. PST in person (See Second Amended Notice of Hearing) Dated: 5/19/2023 John C. Judge District Judge SECOND AMENDED ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE FOR MOTIONS RE: AMENDED NONDISSEMINATION ORDER - 2 CLERK'S CERTIFICATE OF MAILING I hereby certify that a true and complete copy of the foregoing was served as follows: William Wofford Thompson paservice@latahcountyid.gov [X] By E-mail Jeffery Nye jeff.nye@ag.idaho.gov [X] By E-mail Ingrid Batey Ingrid.batey@ag.idaho.gov [X] By E-mail Anne Taylor pdfax@kcgov.us [X] By E-mail Wendy Olson wendy.olson@stoel.com [X] By E-mail Cory Carone corey.carone@stoel.com [X] By E-mail Shanon Gray shanon@graylaw.org [X] By E-mail JULIE FRY CLERK OF THE DISTRICT COURT 5.19-2023 DATE Matern By: Deputy Court Clerk SECOND AMENDED ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE FOR MOTIONS RE: AMENDED NONDISSEMINATION ORDER - 3