In Episode 269, we review the defense's 9/5/24 Motion to Strike Felony Murder Aggravator as to the State of Idaho's Notice to seek the death penalty against Mr. Kohberger. Here, on Page 2 defense argues that the counts are in conflict and it is impossible to charge felony murder on the basis of a burglary with the intent to commit the four murders in question. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

In Episode 268, we review the defense's 9/5/24 Motion to Strike the State of Idaho's Notice to impose the notice to seek the death penalty against him if he is adjudicated guilty on the grounds that it is vague and capricious. Mr. Kohberger proffered federal constitutional grounds as violative of the Eighth Amendment to the United States Constitution as made applicable to the states via the Fourteenth Amendment's due process clause. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

In Episode 267, we address the second of the defense's multiple filings of September 5, 2024 challenging the State of Idaho's Notice to Seek the Death Penalty (in the event Mr. Kohberger is adjudicated guilty we stress here he is presumed innocent at this stage of the proceedings). This document entitled "Motion to Strike State's Notice of Intent to Seek Death Penalty on Grounds of International Law and Memorandum in Support Thereof." We note here that this document is over 480 pages long and argues that "Idaho's death penalty scheme" violates Idaho's obligations under International treaties (entered into by the federal government to which Idaho is bound). Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov