en.wikipedia.org/wiki/2022_Idaho_student_murders
2 corrections found
In January 2023, Kohberger made his first appearance in the Latah County Courthouse., where a grand jury indicted him on four counts of first-degree murder and one count of felony burglary, for breaking into a home with the intent to commit a felony.
This sentence collapses two different events. Kohberger’s first Idaho court appearance was in January 2023, but the grand jury indictment was not returned until May 16, 2023.
Full reasoning
The timing here is wrong. Official case materials show that Kohberger’s initial appearance in Idaho was part of the normal post-extradition process in early January 2023, when he was to be served with the arrest warrant and have a preliminary hearing set. Separately, official court records show the grand jury indictment was returned months later, on May 16, 2023.
So the article incorrectly suggests the grand jury indictment happened at or during his January 2023 first appearance. Those were distinct procedural events separated by more than four months.
3 sources
- 01-03-2023 Moscow Homicide Investigation and Court Processes
The first step in any felony court case in Idaho is what is referred to as an Initial Appearance... Upon Kohberger’s return to Idaho he will be served with the Idaho arrest warrant for four counts of First Degree Murder and one count of Burglary.
- Defendant’s Trial Brief (Idaho Courts)
A grand jury indictment on May 16, 2023, returned against Mr. Kohberger for the charges of: Burglary ... [and] Murder in the First Degree ...
- Court Minutes – District Court Arraignment
Filed: May 22, 2023 ... defendant stated he had received a copy of the Indictment ...
On September 9, 2024, the Idaho Supreme Court granted a defense motion for a change of venue, transferring the case to the Ada County District Court in Boise due to concerns regarding pretrial publicity in Latah County.
This misstates both who granted the motion and when Ada County was assigned. The venue motion was granted by the Latah County district court, and the Idaho Supreme Court later transferred the case to Ada County and assigned Judge Steven Hippler.
Full reasoning
The procedural history in this sentence is inaccurate.
- The motion to change venue was granted by the Latah County district court, not by the Idaho Supreme Court. The official order granting the defense motion was filed in the district court on September 6, 2024.
- The Idaho Supreme Court later handled the transfer order, stating that an order granting the motion had already been entered in the district court and then transferring the case to Ada County and assigning Judge Steven Hippler. That Supreme Court order was filed on September 12, 2024.
So the article incorrectly attributes the grant of the motion to the Idaho Supreme Court and compresses two separate steps into one event on September 9, 2024.
2 sources
- Order Granting Defendant’s Motion to Change Venue
Filed: 09/06/2024 ... ORDER GRANTING DEFENDANT'S MOTION TO CHANGE VENUE ... Based upon the totality of the factors, Defendant's Motion for Change of Venue is granted.
- Order for Change of Venue (Idaho Supreme Court)
Filed: 09/12/2024 ... An Order Granting Defendant's Motion to Change Venue was entered in the District Court ... IT IS ORDERED that venue for all further proceedings in this case are transferred ... to ADA County. IT IS FURTHER ORDERED that District Judge Steven Hippler shall be assigned to this case.