Bryan Kohberger’s new attorneys are asking for more time and discovery materials before filing an amended petition seeking post-conviction relief in Idaho. Prosecutors argue the request amounts to a “fishing expedition” for new arguments to support an effort to withdraw his guilty plea. A current court deadline requires the amended filing by Nov. 13, four years after the killings of four University of Idaho students. Kohberger’s legal team is also seeking changes involving the judge and venue in the ongoing case.
| 1) | Prosecutors challenge the discovery request |
|---|---|
| 2) | Deadline set for amended post-conviction petition |
| 3) | Kohberger’s guilty plea and constitutional claims |
| 4) | Separate motions target the judge and venue |
| 5) | What the next filings could determine |
Prosecutors challenge the discovery request
Deputy Latah County Prosecuting Attorney Keith Scholl opposed the request from Kohberger’s new legal team, arguing that post-conviction discovery is not intended to help a defendant invent claims that have not yet been identified. The dispute is taking place in Idaho’s post-conviction proceedings, where Kohberger is attempting to challenge the legal representation he received before entering his plea.
“Unfortunately for [Kohberger], that is not how discovery in post-conviction proceedings works,” Scholl wrote in the prosecution’s response.
Maryland attorney and legal analyst Randolph Rice similarly said discovery should help prove a legitimate constitutional claim, such as ineffective assistance of counsel, rather than serve as a broad search for possible violations.
Deadline set for amended post-conviction petition
Judge Steven Hippler has given Kohberger’s new attorneys until Nov. 13 to amend a handwritten petition he submitted seeking post-conviction relief. The date falls four years after the November 2022 killings in Moscow, Idaho. Kohberger’s lawyers say the deadline could force them to permanently waive claims that are not included in the amended petition.
The defense wants access to discovery materials before submitting the amended filing. Prosecutors have separately asked the court to dismiss Kohberger’s handwritten petition, although that request may become less significant if the defense replaces the filing with an amended version.
Kohberger’s guilty plea and constitutional claims
Bryan Kohberger pleaded guilty on July 2, 2025, to four counts of first-degree murder and one burglary charge. The charges arose from the stabbing deaths of University of Idaho students Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin, who were 21, 21, 20 and 20, respectively.
Under the plea agreement, Kohberger was spared the death penalty. About a year later, he submitted his own post-conviction motion claiming that former defense attorneys provided ineffective assistance and misled him into pleading guilty. His newly appointed attorneys are now seeking additional materials as they prepare a more detailed petition.
Separate motions target the judge and venue
Kohberger’s lawyers have also filed a motion seeking to disqualify Judge Hippler, citing concerns about potential bias. A separate motion asks the court to move the case back to Latah County, where the crimes occurred and where the Latah County Prosecuting Attorney’s Office is based.
The case was previously moved to Ada County to address fair-trial concerns. The defense’s venue request would reverse that change, while the motion to remove Hippler would affect who oversees the post-conviction proceedings.
What the next filings could determine
The court must decide how much discovery, if any, Kohberger’s attorneys should receive before they submit the amended petition. That decision could shape which constitutional claims the defense is permitted to pursue and how prosecutors respond. The court will also have to address the requests involving dismissal, judicial disqualification and venue.
Kohberger’s new lead attorney, Greg Rauch, and the Latah County Prosecuting Attorney’s Office are both based in Moscow. Prosecutor Bill Thompson leads the county office. The defense and prosecution positions leave the next phase focused on the scope of post-conviction review rather than a new criminal trial.
| Number | Key Point |
|---|---|
| 1 | Prosecutors oppose broader discovery before the amended petition is filed. |
| 2 | The current deadline is Nov. 13. |
| 3 | Kohberger is challenging his guilty plea through post-conviction proceedings. |
| 4 | The defense seeks to disqualify Judge Hippler and change the venue. |
Summary
The dispute centers on whether Kohberger’s attorneys may obtain additional discovery before presenting a complete post-conviction petition. Prosecutors say the request improperly seeks new claims, while the defense argues the existing deadline could eliminate claims not included in the amended filing. The court’s rulings on discovery, dismissal, judicial disqualification and venue will define the next stage of the case.
Frequently Asked Questions
What is Bryan Kohberger asking the court to do?
His new attorneys want more time and discovery materials before filing an amended petition seeking post-conviction relief and challenging his guilty plea.
Why do prosecutors oppose the request?
Prosecutors argue that discovery should support an established constitutional claim, not help the defense search for or develop entirely new arguments.
What other motions has Kohberger filed?
His lawyers have asked to disqualify Judge Steven Hippler and move the case from Ada County back to Latah County.
