Scribd Logo
Upload

Welcome to Scribd!

  • 1K views

    Bryan Kohberger Motion To Dismiss

    Uploaded by

    Leigh Egan
    The defense attorneys filed a motion to dismiss the indictment against their client Bryan C. Kohberger on several grounds: (1) a biased grand jury, (2) inadmissible evidence presented to the grand jury, (3) lack of sufficient evidence for the indictment, and (4) prosecutorial misconduct for withholding exculpatory evidence. The motion cites several rules of evidence and criminal procedure that were allegedly violated during the grand jury proceeding. It also references a 24-page memorandum in support of the motion that provides further details on the 24 issues being raised. The motion was filed in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Bryan Kohberger Motion To Dismiss

    Uploaded by

    Leigh Egan
    1K views2 pages
    The defense attorneys filed a motion to dismiss the indictment against their client Bryan C. Kohberger on several grounds: (1) a biased grand jury, (2) inadmissible evidence presented to the grand jury, (3) lack of sufficient evidence for the indictment, and (4) prosecutorial misconduct for withholding exculpatory evidence. The motion cites several rules of evidence and criminal procedure that were allegedly violated during the grand jury proceeding. It also references a 24-page memorandum in support of the motion that provides further details on the 24 issues being raised. The motion was filed in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah.

    Original Description:

    Bryan Kohberger Motion to Dismiss

    Original Title

    Bryan Kohberger Motion to Dismiss

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The defense attorneys filed a motion to dismiss the indictment against their client Bryan C. Kohberger on several grounds: (1) a biased grand jury, (2) inadmissible evidence presented to the grand jury, (3) lack of sufficient evidence for the indictment, and (4) prosecutorial misconduct for withholding exculpatory evidence. The motion cites several rules of evidence and criminal procedure that were allegedly violated during the grand jury proceeding. It also references a 24-page memorandum in support of the motion that provides further details on the 24 issues being raised. The motion was filed in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Bryan Kohberger Motion To Dismiss

    Uploaded by

    Leigh Egan
    The defense attorneys filed a motion to dismiss the indictment against their client Bryan C. Kohberger on several grounds: (1) a biased grand jury, (2) inadmissible evidence presented to the grand jury, (3) lack of sufficient evidence for the indictment, and (4) prosecutorial misconduct for withholding exculpatory evidence. The motion cites several rules of evidence and criminal procedure that were allegedly violated during the grand jury proceeding. It also references a 24-page memorandum in support of the motion that provides further details on the 24 issues being raised. The motion was filed in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Electronically Filed

    8/23/2023 4:08 PM
    Second Judicial District, Latah County
    Julie Fry, Clerk of the Court
    By: Tamzen Reeves, Deputy Clerk

    Anne C. Taylor, Public Defender


    Kootenai County Public Defender
    PO Box 9000
    Coeur d’Alene, Idaho 83816
    Phone: (208) 446-1700; Fax: (208) 446-1701
    Bar Number: 5836
    iCourt Email: pdfax@kcgov.us

    Elisa G. Massoth, PLLC


    Attorney at Law
    P.O. Box 1003
    Payette, ID 83661
    208-642-3797

    Assigned Attorney:
    Anne C. Taylor, Public Defender, Bar Number: 5836
    Jay Weston Logsdon, Chief Deputy Litigation, Bar Number: 8759
    Elisa G. Massoth, Bar Number: 5647

    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 NUMBER CR29-22-2805

    Plaintiff,
    MOTION TO DISMISS INDICTMENT
    V. ON GROUNDS OF BIASED GRAND
    JURY, INADMISSIBLE EVIDENCE,
    BRYAN C. KOHBERGER, LACK OF SUFFICIENT EVIDENCE,
    AND PROSECUTORIAL MISCONDUCT
    Defendant. IN WITHHOLDING EXCULPATORY
    EVIDENCE

    Comes Now, Bryan C. Kohberger, through his attorneys of record and files a Motion to

    Dismiss Indictment on Grounds of a Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient

    Evidence, and Prosecutorial Misconduct by Withholding Exculpatory Evidence.

    This motion is based on the State’s various violations during the Grand Jury pursuant to

    Idaho Code § 19-1001 et seq., Idaho Criminal Rule 6.7 and 48, Idaho Rules of Evidence, 401, 402,

    MOTION TO DISMISS INDICTMENT ON GROUNDS OF BIASED GRAND


    JURY, INADMISSIBLE EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND
    PROSECUTORIAL MISCONDUCT IN WITHHOLDING EXCULPATORY EVIDENCE Page 1
    403, 404, 404B, 601, 602, 608, 701, 702, 703,708, 801(c),802, 803(2), 804(a)(3),901,902, and

    prosecutor misconduct pursuant to Idaho Criminal Rule 6.1(b)(1) and Napue v. Illinois, 360 U.S.264

    (1959).

    Mr. Kohberger raises twenty four (24) issues which are set forth in full in the Memorandum

    in Support of Motion to Dismiss Indictment and its attachments.

    DATED this ___23____ day of August, 2023.

    ANNE C. TAYLOR, PUBLIC DEFENDER


    KOOTENAI COUNTY PUBLIC DEFENDER

    BY:
    JAY WESTON LOGSDON
    CHIEF DEPUTY LITIGATION
    ASSIGNED ATTORNEY

    CERTIFICATE OF DELIVERY

    I hereby certify that a true and correct copy of the foregoing was personally served as
    indicated below on the __23_____ day of August, 2023 addressed to:

    Latah County Prosecuting Attorney –via Email: paservice@latahcountyid.gov


    Elisa Massoth – via Email: legalassistant@kmrs.net

    MOTION TO DISMISS INDICTMENT ON GROUNDS OF BIASED GRAND


    JURY, INADMISSIBLE EVIDENCE, LACK OF SUFFICIENT EVIDENCE, AND
    PROSECUTORIAL MISCONDUCT IN WITHHOLDING EXCULPATORY EVIDENCE Page 2

    You might also like