Court denies request to lift gag order in Idaho killings

Legal Events

The Idaho Supreme Court on Monday rejected a request by 30 news organizations to lift a gag order in the criminal case of a man accused of stabbing four University of Idaho students to death.

The high court did not weigh in on whether the gag order, which prohibits attorneys, prosecutors, law enforcement agencies and others involved in the case from talking to the news media, violates the First Amendment rights of a free press. Instead, the unanimous Idaho Supreme Court justices said the news organizations should have brought their request to the magistrate judge who issued the gag order.

“This Court has long respected the media’s role in our constitutional republic, and honored the promises in both the Idaho Constitution and First Amendment to the U.S. Constitution,” Justice Gregory Moeller wrote in the decision, going on to quote a ruling from a federal case that said responsible press coverage, “guards against the miscarriage of justice” by subjecting the court system and those who are a part of it to public scrutiny.

Still, Moeller wrote, the balancing act between the First Amendment protections afforded to the press and the Sixth Amendment fair trial rights promised to defendants has become increasingly difficult with the advent of the internet and social media.

Though those are “well-guarded rights,” Moeller said, news organizations who wish to challenge gag orders should start at the lower courts and work their way up to the state’s highest judicial bench, rather than approaching the Supreme Court first.

Bryan Kohberger, 28, is charged with four counts of first-degree murder and burglary in connection with the stabbing deaths in Moscow, Idaho. Prosecutors have yet to reveal if they intend to seek the death penalty.

The bodies of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin were found on Nov. 13, 2022, at a rental home across the street from the University of Idaho campus. The slayings shocked the rural Idaho community and neighboring Pullman, Washington, where Kohberger was a graduate student studying criminology at Washington State University.

The case garnered widespread publicity, and in January Latah County Magistrate Judge Megan Marshall issued the sweeping gag order, barring attorneys, law enforcement agencies and others associated with the case from talking or writing about it.

Related listings

  • Groups seek to stop gold mine exploratory drilling in Idaho

    Groups seek to stop gold mine exploratory drilling in Idaho

    Legal Events 04/04/2022

    Environmental groups are renewing efforts to stop exploratory drilling by a Canadian mining company hoping to build a gold mine in Idaho west of Yellowstone National Park.The Idaho Conservation League and Greater Yellowstone Coalition, in documents f...

  • Judge sides with Alaska attorney who alleged wrongful firing

    Judge sides with Alaska attorney who alleged wrongful firing

    Legal Events 01/21/2022

    A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog. U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firi...

  • Appeals court: Illinois counties must end ICE contracts

    Appeals court: Illinois counties must end ICE contracts

    Legal Events 01/14/2022

    A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday. Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigr...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read