BOISE, Idaho — Attorneys representing the man accused of murdering four University of Idaho students are asking the Idaho Supreme Court to step in on a recent decision by the district court judge overseeing the case.
According to newly released court documents, Bryan Kohberger's defense is appealing Latah County District Court Judge John Judge's decision not to toss Kohberger's grand jury indictment.
Kohberger's attorneys argue the indictment should be thrown out due to inaccurate grand jury instructions. They argue the standard for a grand jury to indict should be "beyond a reasonable doubt" rather than "probable cause."
They also want the indictment dismissed due to a biased grand jury, inadmissible evidence, a lack of sufficient evidence and prosecutorial misconduct.
After the district judge denied the attorney's multiple attempts to have the grand jury indictment thrown out, court records show his attorneys went to the Idaho Supreme Court in early February to appeal from "interlocutory orders."
When Judge asked for an update on that permissive appeal during Kohberger's hearing on Feb. 28, the state confirmed it filed an objection.
"We're waiting to hear from the Supreme Court. I can tell you there's no deadline for them. They didn't include a deadline for themselves. In my experience, it can take a couple of weeks to a month or so," a state attorney said. "So, at this point, we are still waiting to hear."
There is still no trial date set for Kohberger.
A hearing is scheduled for April 17. The judge will hear the argument regarding Kohberger's request to move the trial out of Latah County.
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