Court Filing
CASE CLRK MAY NO OF . 4 CR29-22-2805 DIST 2023 DEPUTY CT PM3 . LATAH: 08 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. ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE FOR BRYAN C. KOHBERGER, MOTIONS RE: AMENDED NONDISSEMINATION ORDER Defendant. 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 Associated 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 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. ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE-1 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 time 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 via Zoom. (See Notice of Remote Hearing.) IT IS FURTHER ORDERED that any recording or live streaming of the Zoom proceeding is prohibited. Dated: 5/4/2023 abhall Megan E. Marshall Magistrate Judge ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE-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 cory.carone@stoel.com [X] By E-mail Shanon Gray shanon@graylaw.org [X] By E-mail JULIE FRY CLERK OF THE DISTRICT COURT DATE 5/5/23 By: iphout Deputy Court Clerk ORDER VACATING HEARING AND SETTING SCHEDULING CONFERENCE-3