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Idaho prosecutors are accusing Bryan Kohberger’s new legal team of attempting a “fishing expedition” and trying to buy time to find better arguments for his bid to withdraw his guilty plea.
“Unfortunately for [Kohberger], that is not how discovery in post-conviction proceedings works,” Deputy Latah County Prosecuting Attorney Keith Scholl wrote in a response to the convicted killer’s request for more time to file an amended petition.
The deadline is currently set for Nov. 13 — four years to the day since the Idaho student murders in Moscow.
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Bryan Kohberger appears at the Ada County Courthouse for his sentencing hearing on July 23, 2025, in Boise, Idaho. Kohberger pleaded guilty in exchange for being spared the death penalty for the stabbing of four University of Idaho students nearly three years ago. (Kyle Green-Pool/Getty Images)
Kohberger’s lawyers argue that the deadline would force them to irrevocably waive any claims not included in the amended petition, which is due before discovery deadlines set for next year. They want to see discovery materials before filing it.
Read Kohberger’s request for more time:
“Post-conviction discovery is supposed to assist you and your lawyers in proving a legitimate constitutional claim, in this case, ineffective assistance of counsel,” said Randolph Rice, a Maryland-based attorney and legal analyst who has been following the case.
Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle, and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)
“It isn’t supposed to be a fishing expedition to help you invent a new one,” he added. “You don’t get to throw a fishing net into the discovery ocean and hope you pull up a constitutional violation.”
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Read the prosecution’s response:
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Prosecutors have also filed a motion to dismiss Kohberger’s handwritten petition outright, but that is not expected to succeed given the likelihood that his lawyers will replace it with a new amended petition.
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Judge Steven Hippler gave Bryan Kohberger’s new legal team until Nov. 13 to amend Kohberger’s handwritten filing. (Katherine Jones/Idaho Statesman/Tribune News Service via Getty Images)
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Kohberger pleaded guilty on July 2, 2025, to four counts of first-degree murder and a burglary charge for the stabbing deaths of 21-year-olds Madison Mogen and Kaylee Goncalves as well as 20-year-olds Xana Kernodle and Ethan Chapin.
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Latah County Prosecutor, Bill Thompson walks across the carpark at Latah County Courthouse, Moscow, Idaho, Friday, Aug. 7, 2026. (Derek Shook for Fox News Digital)
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A year later, he claimed in a self-produced motion for post-conviction relief that he had ineffective counsel and was duped into pleading guilty by his former defense attorneys.
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Judge Steven Hippler gave his new legal team until Nov. 13 to amend Kohberger’s handwritten filing.
Bryan Kohberger arrives at Monroe County Courthouse in Pennsylvania in advance of his extradition hearing. (The Image Direct for Fox News Digital)
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The convicted killer’s lawyers have separately filed a motion to disqualify Hippler from overseeing the case, citing concerns of potential bias, and to change the venue back to Latah County, where the crimes took place.
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A still image from bodycam video shows Bryan Kohberger in an Aug. 21, 2022 traffic stop in Latah County, Idaho. (Latah County Sheriff’s Office)
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Kohberger’s criminal defense team had previously changed the venue out of Latah County. The court moved it to Ada County to address fair trial concerns.
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The Latah County Prosecuting Attorney’s Office and Kohberger’s new lead lawyer Greg Rauch are both based in the county seat of Moscow.
Fox News Digital reached out to prosecutors and Kohberger’s team.