Court Filing
CASE CLRK BY JUL NO.CRN9-22-2805 OF 13 DIST 2023 CT DEPUTY PM2 . LATAH: 09 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, V. ORDER TO SEAL BRYAN C. KOHBERGER Defendant. This matter came before the court on June 27, 2023 on the State's motion to seal or redact pursuant to I.C.A.R. 32 (i). The hearing was held via Zoom. Ashley Jennings appeared on behalf of the State. Anne Taylor, Jay Logsdon, and Elisa Massoth appeared on behalf of Mr. Kohberger. The court reviewed the records, considered the arguments presented, weighed the interests in privacy and public disclosure, and announced its findings of fact on the record. Therefore, pursuant to I.C.A.R. 32 (i) (2) (E), the court finds it necessary to seal the subpoena duces tecum to preserve the right to a fair trial, After due consideration and with good cause appearing, IT IS HEREBY ORDERED that the record herein shall be SEALED until further order of the court. Dated: 7/13/2023 Mequemashall Megan E. Marshall Magistrate Judge ORDER TO SEAL-1 CASE CLRK BY MAY NO OF 30 . DIST 2023 DEPUTY CT PM2 . LATAH: 51 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, Plaintiff, Case No. CR29-22-2805 V. BRYAN C. KOHBERGER ORDER CONTINUING TEMPORARY SEAL OF THE SUBPOENA DUCES TECUM Defendant. Based upon the Motion to Continue Temporary Seal of the Subpoena Duces Tecum filed herein, the Court does hereby confirm and ORDER that the Subpoena Duces Tecum is confidential, exempt from disclosure and are SEALED pursuant to Idaho Court Administrative Rule 32 (g) (1) for the reasons stated in the said Motion and until a hearing can be held on the matter. SO ORDERED May 30, 2023 Meanimashall Megan E. Marshall Magistrate Judge ORDER CONTINUING TEMPORARY SEAL OF THE SUBPOENA DUCES TECUM 1 CLRK CASE MAY BY OF 26 NO DIST 2023. LATAH COUNTY PROSECUTOR'S OFFICE CT ASHLEY S. JENNINGS PM3 DEPUTY . SR. DEPUTY PROSECUTING ATTORNEY LATAH: 17 Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, Plaintiff, Case No. CR29-22-2805 V. MOTION TO CONTINUE BRYAN C. KOHBERGER TEMPORARY SEAL OF THE SUBPOENA DUCES TECUM Defendant. The State of Idaho, by and through the Latah County Prosecuting Attorney, respectfully moves the Court pursuant to Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 for a continuation of the Temporary Order Sealing the Subpoena Duces Tecum filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; 2. Deprive a person of a right to a fair trial or an impartial adjudication; 2. Constitute an unwarranted invasion of personal privacy, MOTION TO CONTINUE TEMPORARY SEAL OF THE SUBPOENA DUCES TECUM 1 3. Disclose the identity of a confidential source; and / or 4. Disclose investigative techniques and procedures. And the State seeks this protection pending a hearing on the matter. Wherefore, the State respectfully prays that the Court seal from public disclosure the Subpoena Duces Tecum herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124. RESPECTFULLY SUBMITTED this 26th day of May, 2023. ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO CONTINUE TEMPORARY SEAL OF THE SUBPOENA DUCES TECUM 2 CASE CLRK BY APR NO OF 19 . DIST 2023 CT PM4 DEPUTY. LATAH: 15 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, Plaintiff, Case No. CR29-22-2805 V. BRYAN C. KOHBERGER TEMPORARY ORDER SEALING SUBPOENA DUCES TECUM Defendant. Based upon the Motion to Temporarily Seal Subpoena Duces Tecum filed herein, the Court does hereby confirm and ORDER that the Subpoena Duces Tecum is confidential, exempt from disclosure and are SEALED pursuant to Idaho Court Administrative Rule 32 (g) (1) for the reasons stated in the said Motion and until a hearing can be held on the matter. or June 1, 2023. wen SO ORDERED this day of April, 2023. meganemashall Megan E. Marshall Magistrate Judge TEMPORARY ORDER SEALING SUBPOENA DUCES TECUM 1 CASE CLRK APR NO OF . 17 DIST 2023 LATAH COUNTY PROSECUTOR'S OFFICE ASHLEY S. JENNINGS DEPUTY CT PM2 SR. DEPUTY PROSECUTING ATTORNEY. LATAH: 20 Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 Phone: (208) 883-2246 ISB No. 8491 paservice@latah.id.us IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, Plaintiff, Case No. CR29-22-2805 V. MOTION TO TEMPORARILY BRYAN C. KOHBERGER SEAL SUBPOENA DUCES TECUM Defendant. The State of Idaho, by and through the Latah County Prosecuting Attorney, respectfully moves the Court pursuant to Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124 for a Temporary Order Sealing the Subpoena Duces Tecum filed herein because release or disclosure would: 1. Interfere with enforcement proceedings; 2. Deprive a person of a right to a fair trial or an impartial adjudication; 2. Constitute an unwarranted invasion of personal privacy, MOTION TO SEAL SUBPOENA DUCES TECUM 1 3. Disclose the identity of a confidential source; and / or 4. Disclose investigative techniques and procedures. And the State seeks this protection pending a hearing on the matter. Wherefore, the State respectfully prays that the Court seal from public disclosure the Subpoena Duces Tecum herein under the provisions of Idaho Court Administrative Rule 32 (g) (1) and Idaho Code 74-124. RESPECTFULLY SUBMITTED this day of April, 2023. sung ASHLEY S. JENNINGS Sr. Deputy Prosecuting Attorney MOTION TO SEAL SUBPOENA DUCES TECUM 2