Court Filing
Electronically Filed
8/25/2026 6:12 PM
Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Caterina Moritz Gutierrez, Deputy Clerk WILLIAM W. THOMPSON, JR., ISB No. 2613
LATAH COUNTY PROSECUTING ATTORNEY
ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTING ATTORNEY
KEITH P. SCHOLL, ISB No. 10062
DEPUTY PROSECUTING ATTORNEY
Latah County Courthouse 522 S. Adams, # 211 Moscow, Idaho 83843-0568 Phone (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
BRYAN C. KOHBERGER, Case No. CV01-26-15094 Petitioner,
ANSWER TO PETITION FOR POST
V. CONVICTION RELIEF
STATE OF IDAHO,
Respondent.
COMES NOW, the State of Idaho, Respondent in the above-titled action, by and through Keith Scholl, Latah County Deputy Prosecuting Attorney, and based upon such information currently available to Respondent does hereby answer Bryan C. Kohberger's (" Petitioner ") Petition and Affidavit for Post Conviction Relief in the above-titled action as follows:
I.
REQUEST FOR JUDICIAL NOTICE OF UNDERLYING CRIMINAL CASE
Pursuant to Idaho Code § 19-4906 (a), the following material portions of the record in the underlying criminal case, CR01-24-31665 are filed herewith (Exhibit A):
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 1
A1 Criminal Indictment, filed on May 16, 2023.
A2 Plea Agreement, filed on July 2, 2025 A3 Written Factual Basis, filed on July 2, 2025 A4 Guilty Plea Advisory (Felony) filed on July 2, 2025 A5 Judgment of Conviction, filed on July 23, 2025
II.
GENERAL RESPONSES TO PETITIONER POST-CONVICTION ALLEGATIONS
All allegations made by the Petitioner are denied by the Respondent unless specifically admitted herein.
III.
SPECIFIC ANSWERS TO PETITIONER POST-CONVICTION ALLEGATIONS
1. On information and belief, respondent admits to paragraph 1 of Petitioner's petition.
2. Answering paragraph 2, Respondent affirmatively alleges that the name of the Court which imposed judgment / sentence is The District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada. Respondent admits the location of the courthouse listed in the Petitioner's petition.
3. Answering paragraph 3 (a), Respondent admits the case number is CR01-24-31665.
Answering paragraph 3 (b), Respondent affirmatively alleges that Petitioner was convicted of Burglary under Idaho §§ 18-1401, 1403, a felony in Count I, Murder in the First Degree under Idaho Code §§ 18-4001, 4002, 4003, 4004, a felony in Count II, Murder in the First Degree, under Idaho Code §§ 18-4001, 4002, 4003, 4004, a felony in Count III, Murder in the First Degree under Idaho Code §§ 18-4001, 4002, 4003, 4004, a felony in count IV, Murder in the First Degree under Idaho Code §§ 18-4001, 4002, 4003, 4004, a felony in Count V.
4. Answering Paragraph 4 (a), Respondent admits Petitioner was sentenced on July 23, 2025.
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 2
Answering Paragraph 4 (b), Respondent affirmatively alleges that the terms of the sentence are as follows:
• As to Count I, Respondent is sentenced to the custody of the State of Idaho Board of Correction for a fixed term of ten (10) years in prison. Said sentence runs consecutively to the sentences imposed in Counts II, III, IV, and V.
• As to Count II, Respondent is sentenced to the custody of the State of Idaho Board of Corrections for a fixed life term in prison, without the possibility of parole. Said sentence runs consecutively to the sentences imposed in Counts I, III, IV, and V.
• As to Count III, Respondent is sentenced to the custody of the State of Idaho Board of Corrections for a fixed life term in prison, without the possibility of parole. Said sentence runs consecutively to the sentences imposed in Counts I, II, IV, and V.
• As to Count IV, Respondent is sentenced to the custody of the State of Idaho Board of Corrections for a fixed life term in prison, without the possibility of parole. Said sentence runs consecutively to the sentences imposed in Counts I, II, III, and V.
• As to Count V, Respondent is sentenced to the custody of the State of Idaho Board of Corrections for a fixed life term in prison, without the possibility of parole. Said sentence runs consecutively to the sentences imposed in Counts I, II, III, and IV.
5. Respondent admits a finding of guilt was made after a plea of not guilty.
6. Respondent affirmably alleges that Respondent did not file a direct appeal within forty-two (42) days of the Judgment of Conviction and Commitment.
7. Answering Paragraph 7, Respondent denies the allegation that Petitioner received " ineffective assistance of counsel during the criminal proceedings ", Respondent denies " plea [sic] not knowingly or voluntarily entered because it was induced by unkept promises, ", and Respondent denies " plea [sic] not voluntarily entered because of threats asserted by petitioner's [sic] legal counsel. " Respondent further denies that any purported ineffective assistance of counsel prejudiced the Petitioner; and that the performance of Petitioner's counsel failed to meet
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 3
any standard (s) imposed by the Sixth Amendment of United States Constitution and / or Article 1, §13 of the Idaho Constitution. The claim is nothing more than a conclusory allegation.
8. In answering Paragraph 8, no allegation is made, and no response is required. To the extent a response is required, Respondent denies.
9. In answering Paragraph 9, Respondent is without knowledge of the conversations Petitioner had with his counsel and therefore denies.
10. In answering Paragraph 10, no allegation is made, and no response is required. To the extent a response is required, Respondent denies.
11. In answering Paragraph 11, no allegation is made, and no response is required. To the extent a response is required, Respondent denies.
12. In answering Paragraph 12, no allegation is made, and no response is required. To the extent a response is required, Respondent denies.
13. In answering Paragraph 13, no allegation is made, and no response is required. To the extent a response is required, Respondent denies.
IV.
FIRST AFFIRMATIVE DEFENSE
Petitioner's petition fails to state any grounds upon which relief can be granted. I.C. § 19-4901 (a-b); I.R.C.P. 12 (b) (6).
SECOND AFFIRMATIVE DEFENSE
Issues raised by Petitioner's Petition could have been raised on direct appeal and are forfeited and may not be considered in this post-conviction proceedings. I.C. § 19-4901 (b).
Petitioner has not made a substantial factual showing by affidavit, deposition, or otherwise, that the asserted basis for relief raises a substantial doubt about the reliability of the finding of guilt
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 4
and that such basis or bases for relief could not, in the exercise of due diligence, have been presented earlier. Thus, all the Petitioner's issues, which he could have raised on direct appeal, may not be considered.
THIRD AFFIRMATIVE DEFENSE
Petitioner's Petition for Post-Conviction Relief includes bare and conclusory allegations that are unsubstantiated or insufficiently substantiated by the affidavit of the Petitioner, records, or other admissible evidence, and therefore fails to raise a genuine issue of material fact. I.C. §§ 19-4902 (a), 19-4903, and 19-4906. In alleging ineffective assistance of counsel, Petitioner has failed to show either prong of the two-prong test under Strickland v. Washington, 466 U.S. 668 (1984) and progeny as needed to show he is entitled to relief. First, Petitioner failed to show that his counsel's performance fell below an objective standard of reasonableness. Id. at 687-688; see also Aragon v. State, 114 Idaho 758, 762 (1988). This objective standard embraces a strong presumption that trial counsel was competent and diligent. Baldwin v. State, 145 Idaho 148, 154 (2008). Second, the Petitioner has failed to show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. See Strickland, 466 U.S. at 691-694; see also Hill v. Lockhart, 474 U.S. 52, 59 (1985); Ridgley v State, 148 Idaho 671, 676-77 (2010).
FOURTH AFFIRMATIVE DEFENSE
Petitioner's freestanding claim of actual innocence is unrecognized under the Uniform Post Conviction Act. Baker v. State, 169 Idaho 284, 307 (Ct. App. 2021).
FIFTH AFFIRMATIVE DEFENSE
Petitioner has failed to show any constitutional, advisory, or due process obligation of his counsel to advise him of the collateral consequences of a guilty plea such as the conditions of
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 5
prison life or what incarceration would practically entail. Jakoski v. State, 136 Idaho 280, 285 (Ct.
App 2001).
IV.
PRAYER FOR RELIEF
Wherefore, Respondent prays for relief as follows:
A. The Petitioner's claims for post-conviction relief be denied as he is not entitled to postconviction relief as alleged, and that no purpose would be served any further proceeding pursuant to I.C. 19-4906 (b).
B. That the Petitioner's claims for post-conviction relief be summarily dismissed (Motion for Summary Dismissal to be filed by the Respondent pursuant to Idaho Code 19-4906 (c)).
C. For such other and further relief as the Court deems necessary in the case.
Dated: August 25, 2026 20 William W. Thompson, Jr. Keith P. Scholl Prosecuting Attorney Deputy Prosecuting Attorney
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 6
CERTIFICATE OF DELIVERY
I hereby certify that true and correct copies of the forgoing document were served on the following in the manner indicated below:
Greg Rauch U.S. Mail Attorney at Law email 326 E. Sixth Street Fax Moscow, ID 83843 Hand Delivery iCourt Service Dated this 25 day of August, 2026.
Kukworkman Kim K. Workman
ANSWER TO PETITION
FOR POST CONVICTION RELIEF 7
CASE CLRK
DY
MAY
NO OF
. 16 CR29-22-2005 Admin29-23-4 DIST 2023
CT
DEPUTY PK5
. LATAH
: 04
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, Grand Jury Case No. 29-23-4
V. INDICTMENT
BRYAN C. KOHBERGER,
DOB: 11/21/1994
SSN: *** - ** - 5842
Defendant.
BRYAN C. KOHBERGER is accused by the Grand Jury of Latah County by this Indictment, of the crimes of: BURGLARY, IDAHO CODE § 18-1401, 1403, a Felony in Count I;
MURDER IN THE FIRST DEGREE, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count II;
MURDER IN THE FIRST DEGREE, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count III;
MURDER IN THE FIRST DEGREE, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count IV;
and MURDER IN THE FIRST DEGREE, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count V, as follows:
COUNT I
BURGLARY
Idaho Code § 18-1401, 1403 a Felony That the Defendant, BRYAN C. KOHBERGER, on or about November 13, 2022 in Latah County, State of Idaho, did unlawfully enter a residence, located at 1122 King Road, Moscow, with the intent to commit the felony crime of murder.
REDACTED
... RESPONDENT'S
INDICTMENT Page 1 N, EXHIBIT Bayonne
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CV01-26-15094
COUNT II
MURDER IN THE FIRST DEGREE
Idaho Code § 18-4001, 4002, 4003, 4004, a Felony That the Defendant, BRYAN C. KOHBERGER, on or about November 13, 2022, in Latah County, State of Idaho, did wilfully, unlawfully, deliberately, with premeditation and with malice aforethought, kill and murder Madison Mogen, a human being, by stabbing Madison Mogen, from which she died.
COUNT III
MURDER IN THE FIRST DEGREE
Idaho Code § 18-4001, 4002, 4003, 4004, a Felony That the Defendant, BRYAN C. KOHBERGER, on or about November 13, 2022, in Latah County, State of Idaho, did wilfully, unlawfully, deliberately, with premeditation and with malice aforethought, kill and murder Kaylee Goncalves, a human being, by stabbing Kaylee Goncalves, from which she died.
COUNT IV
MURDER IN THE FIRST DEGREE
Idaho Code § 18-4001, 4002, 4003, 4004, a Felony That the Defendant, BRYAN C. KOHBERGER, on or about November 13, 2022, in Latah County, State of Idaho, did wilfully, unlawfully, deliberately, with premeditation and with malice aforethought, kill and murder Xana Kernodle, a human being, by stabbing Xana Kernodle, from which she died.
COUNT V
MURDER IN THE FIRST DEGREE
Idaho Code § 18-4001, 4002, 4003, 4004, a Felony That the Defendant, BRYAN C. KOHBERGER, on or about November 13, 2022, in Latah County, State of Idaho, did wilfully, unlawfully, deliberately, with premeditation and with malice aforethought, kill and murder Ethan Chapin, a human being, by stabbing Ethan Chapin, from which he died.
INDICTMENT Page 2
All of which is contrary to the form, force, and effect of the statutes in such case made and provided and against the peace and dignity of the State of Idaho.
A TRUE BILL
Presented in open Court this 14 day of May 2023.
Presiding Grand Juror Latah County, State of Idaho INDICTMENT Page 3
Filed: 07/02/2025 14:04:26 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee
LATAH COUNTY PROSECUTOR'S OFFICE
WILLIAM W. THOMPSON, JR., ISB No. 2613
PROSECUTING ATTORNEY
ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTING ATTORNEY
JOSHUA D. HURWIT, ISB. No. 9527
SPECIAL DEPUTY PROSECUTING ATTORNEY
Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843
Phone: (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff,
V. PLEA AGREEMENT
BRYAN C. KOHBERGER,
Defendant.
THE STATE OF IDAHO, by and through the Latah County Prosecuting Attorney's Office, the Defendant Bryan C. Kohberger, and the Defendant's attorney, Anne Taylor, stipulate to the following Plea Agreement:
PLEA AGREEMENT 1
J. RESPONDENT'S
N. EXHIBIT
, Bayonne
A2
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C401-26-15094
1. The Defendant will enter guilty pleas to the following counts: Burglary, Idaho Code § 18-1401, 1403, a Felony in Count I; Murder in the First Degree, Idaho Code § 18- 4001, 4002, 4003, 4004, a Felony in Count II; Murder in the First Degree, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count III; Murder in the First Degree, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count IV; and Murder in the First Degree, Idaho Code § 18-4001, 4002, 4003, 4004, a Felony in Count V; as stated in the Indictment.
2. The Defendant will be sentenced to ten (10) years fixed for Count I.
3. The Defendant will receive fixed consecutive life sentences for Counts II-V.
4. The State may seek restitution orders regarding funeral expenses and Crime Victims Compensation reimbursement in an amount to be determined.
5. Defendant understands (a) the nature of the charge to which the Defendant agrees to plead guilty and acknowledges that he is not being coerced into entering his plea of guilty; (b) the consequences of pleading guilty, including the maximum penalties that may be imposed and any mandatory minimum penalties; and that (c) by pleading guilty he waives his rights to a jury trial, to confront accusers, and to refrain from incriminating himself. Defendant further acknowledges that he is satisfied with his legal representation, has reviewed with his attorney all possible defenses, and by his plea of guilty voluntarily waives those defenses and all claims based upon his constitutional rights.
6. Defendant understands that, if were to proceed to trial, he would have a right to appeal, including but not limited to (a) any issues decided by the Court prior to the Defendant's guilty plea, including any rulings on the admissibility of evidence; (b) the judgment, including the finding of guilt and any issues regarding the guilty plea; and (c) the sentence. Further, the Defendant understands that, if were to proceed to trial, he would have the right to file a motion under Idaho Criminal Rule 35 seeking a reduction of the sentence. The Defendant hereby knowingly, voluntarily, and intelligently waives all rights to appeal any and all issues in this case and waives the right to file a motion pursuant to Idaho Criminal Rule 35.
PLEA AGREEMENT 2
7. This is the entire agreement and understanding between the parties.
IT IS SO STIPULATED this 30 day of June 2025.
7/2/25 William W. Thompson, Jr. Anne Taylor Latah County Prosecuting Attorney Counsel for Defendant sings / Bryan C. Kohtergen shley S. Jennings Bryan C. Kohberger Senior Deputy Prosecuting Attorney Defendant
PLEA AGREEMENT 3
Filed: 07/02/2025 14:47:41 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee Written Factual Basis I hereby admit responsibility to Count 1: I. C. 18-1403 Burglary which requires the following elements: On November 13, 2022, in Latah County, State of Idaho, the unlawful entry of a residence located at 1122 King Road, Moscow with the intent to commit the crime of murder.
I hereby admit responsibility to Count 2: I. C. 18-4003 (a) Murder in the First Degree which requires the following elements: On November 13, 2022, in Latah County, State of Idaho, the willful, unlawful, deliberate, with premeditation and with malice aforethought, killing and murder Madison Mogen.
I hereby admit responsibility to Count 3: I. C. 18-4003 (a) Murder in the First Degree which requires the following elements: On November 13, 2022, in Latah County, State of Idaho, the willful, unlawful, deliberate, with premeditation and with malice aforethought, killing and murder Kaylee Goncalves.
I hereby admit responsibility to Count 4: I. C. 18-4003 (a) Murder in the First Degree which requires the following elements: On November 13, 2022, in Latah County, State of Idaho, the willful, unlawful, deliberate, with premeditation and with malice aforethought, killing and murder Xana Kernodle.
I hereby admit responsibility to Count 5: I. C. 18-4003 (a) Murder in the First Degree which requires the following elements: On November 13, 2022, in Latah County, State of Idaho, the willful, unlawful, deliberate, with premeditation and with malice aforethought, killing and murder Ethan Chapin.
I plead guilty to Counts 1, 2, 3, 4 and 5 of my own volition.
July Dated the ol of June () 2025 Buyer C. Kolleger Bryan C. Kohberger
J. RESPONDENT'S
N.
, Bayonne EXHIBIT 43
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CV01-26-15094
Filed: 07/02/2025 14:07:26 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
Case No. 01-24-31665
STATE OF IDAHO
Plaintiff, Guilty Plea Advisory (Felony)
V.
Bryan C. Kohberger Defendant. Idaho Criminal Rule 11 (e)
TO BE FILLED OUT BY THE DEFENDANT
Defendant's Name: Bryan C. KonbergerSignature: Sync. Ковет
Date: 06.29.2025
Age: 30 11-21-1994 Date of Birth:
STATEMENT OF CONSTITUTIONAL RIGHTS
(Please initial each response)
1. You have the right to remain silent. You do not have to say anything about the crime (s) you are accused of committing. If you elect to have a trial, the State may not call you as a witness or ask you any questions. If you do decide to testify the State will be permitted to ask you questions and anything you say can be used as evidence against you in court.
I understand that by pleading guilty I am waiving my right to remain silent as to the elements of the crime (s) to which I am entering this plea. BK
2. The waiver of your right to remain silent applies to your plea of guilty to the crime (s) in this case. Unless otherwise stated in your plea agreement, even after pleading guilty, you still have the right to refuse to answer any question or to provide any information that might tend to show you committed some other crime (s). Unless otherwise stated in your plea agreement, you can also refuse to answer o