What Happens To Bryan Kohberger If His Petition Works?!

Bryan Kohberger is asking an Idaho court to withdraw his guilty plea in the murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin. He says his lawyers coerced him. He says the confession was false. He says evidence was hidden.

But the question nobody seems to be asking is: what happens if he wins?

If a court withdraws the plea, the deal that kept Kohberger off death row ceases to exist. Idaho maintains the death penalty and authorizes execution by firing squad. Attorney General Raúl Labrador has already signaled the state is prepared. The Goncalves family has said publicly they are ready for trial and confident in a death sentence. Latah County Prosecutor Bill Thompson — who cut the original deal over the families' objections — would face the prospect of re-prosecuting a case the defendant already confessed to.

Kohberger signed a nine-page plea questionnaire confirming his plea was voluntary. He told Judge Hippler under oath he was guilty. He answered yes to every safeguard question. Idaho's post-sentencing standard for withdrawal is manifest injustice — one of the highest bars in American criminal law.

Defense attorney and former prosecutor Eric Faddis examines the petition, the evidence, the legal standard, and the consequences if Kohberger somehow clears every hurdle.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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