This doesn’t change anything, really. Garza v. Idaho was 2 pronged, the first being his right to appeal. The second being he wanted post conviction relief.
My summary: Garza wanted to appeal, his attorney wouldn’t file for the appeal saying it was very laborious & he likely wouldn’t be granted an appeal for post conviction relief. Time for filing an appeal ran out. The Idaho courts refused to hear his appeal based on his waivers. He appealed to SCOTUS. The SCOTUS said, no, the courts can’t use that as a basis, they have to allow an appeal to be filed & if rejecting the appeal, base their decision on some other reason than "you signed a plea agreement with a waiver."
Ultimately, the SCOTUS DISALLOWED the hearing for a post conviction relief. They only agreed that appeals based on plea deals aren’t completely disallowed, no matter the reason. So Garza won in that he could appeal, the SCOTUS agreed there shouldn’t be any post conviction relief. Ultimately, Garza’s sentencing stuck, which was the whole basis for the appeal in the first place. So, not really a big deal in the end. Garza’s sentence was upheld. They only agreed his attorney should have filed the appeal & the ID courts should have used other wording/reasons when dismissing his appeals.
BK can file appeals all he wants, barring new evidence, proof of prosecutorial misconduct or proof of inadequate defense or some mental health issue, he isn’t going anywhere & wont be in any appellate court anytime soon, if ever. The grounds are going to be very limited, regardless of his having the right to try & appeal. He can fill out all the paperwork he wishes - that’s his right to file an appeal. That doesn’t mean it has to be heard before a judge. 2 different things.
MOO since not a lawyer.
He knows a whole lot more than us. All in all we pretty much know what happened. With that in mind, he still could make a power impact statement.So Kaylee's family will give victim impact statements
Quote:
"The harrowing new details emerged as
Goncalves family prepares to deliver
victim impact statements
at Kohberger's sentencing next week
- but voiced frustration at being in the dark about some of the details of the murders.
'You only got one time to be able to be a victim’s advocate
and say what you need to say
and to address the courtroom and everyone in Idaho,
and they’re not going to let us know exactly what happened',
Steve said.
'We want to make sure
everything we say is exactly truthful'."
![]()
Bryan Kohberger victim's father shares new details of final moments
Kaylee Goncalves' parents spoke out hours after an Idaho judge lifted a sweeping gag order in the case - and days before Bryan Kohberger is set to be sentenced for her murder.www.dailymail.co.uk
I’m not so sure there was any part of this which would have been any easier or just, regardless of whether the case went to trial or played out the way it did. There’s always risks in things going sideways with the law, IMO.Thank you, @INfisherman , this was informative and clarifying for me.
I’m still very aggrieved, though.
Here are four families who have suffered the most bitter blow possible. The interviews with the families who were relieved at BK’s plea deal seemed to be rejoicing that he was banned from EVER appealing.
Even if it hopefully, most probably, ends with any appeal being denied, IMO this is yanking the chains of victims who deserve only peace and some kind of tranquility, now and forever.
JMO
He knows a whole lot more than us. All in all we pretty much know what happened. With that in mind, he still could make a power pact statement.
I am glad to hear that the Gonclaves’ will be giving their impact statements, as this will be their only chance to do this.So Kaylee's family will give victim impact statements
Quote:
"The harrowing new details emerged as
Goncalves family prepares to deliver
victim impact statements
at Kohberger's sentencing next week
- but voiced frustration at being in the dark about some of the details of the murders.
'You only got one time to be able to be a victim’s advocate
and say what you need to say
and to address the courtroom and everyone in Idaho,
and they’re not going to let us know exactly what happened',
Steve said.
'We want to make sure
everything we say is exactly truthful'."
![]()
Bryan Kohberger victim's father shares new details of final moments
Kaylee Goncalves' parents spoke out hours after an Idaho judge lifted a sweeping gag order in the case - and days before Bryan Kohberger is set to be sentenced for her murder.www.dailymail.co.uk
Luckily, it seems that “somewhere down the line” is restricted to just 42 days after sentencing.
So in that time, BK must claim that the forensic psychologist who evaluated BK for the Defense somehow missed a diagnosis of a mental illness that precluded him from understanding the plea agreement that he attested to in open court and signed.
IMO, though, the only diagnoses that the forensic psychologist failed to make are the very personality disorders that led BK to so effectively convince many an older woman (and a few his own age) to buy the garbage that spewed out of his mouth.
Evidence:
IMOO
- Body cam footage of Pullman stop
- Interviews of BK’s DeSales University professors Drs. Katherine Ramsland and Michelle Bolger
- Interview of his childhood friend Casey Arntz
- Interviews in 2023 & 2024 of Connie Saba in The Idaho Four: An American Tragedy
- Treatment of Korean WSU graduate student described in the May 9 Dateline episode
- Convincing Anne Taylor and the other members of his defense team at first that he was innocent?
Apologies but one small distinction I would like to add- the 42 day timeline/deadline is just for the NOTICE of Appeal, which is a simple filing that gives notice that one is intending to appeal.Luckily, it seems that “somewhere down the line” is restricted to just 42 days after sentencing.
So in that time, BK must claim that the forensic psychologist who evaluated BK for the Defense somehow missed a diagnosis of a mental illness that precluded him from understanding the plea agreement that he attested to in open court and signed.
IMO, though, the only diagnoses that the forensic psychologist failed to make are the very personality disorders that led BK to so effectively convince many an older woman (and a few his own age) to buy the garbage that spewed out of his mouth.
Evidence:
IMOO
- Body cam footage of Pullman stop
- Interviews of BK’s DeSales University professors Drs. Katherine Ramsland and Michelle Bolger
- Interview of his childhood friend Casey Arntz
- Interviews in 2023 & 2024 of Connie Saba in The Idaho Four: An American Tragedy
- Treatment of Korean WSU graduate student described in the May 9 Dateline episode
- Convincing Anne Taylor and the other members of his defense team at first that he was innocent?
I really believe that SG needs to give an impact statement for his daughter, because if he does not, I do feel like he will regret it, at some point after the fact. It is his last chance to tell the world what a wonderful daughter she was, and to face her killer and say what is in his heart. I just hope that he can get through the hearing without leaping across the room and tearing into BK, which would probably just make BK's day, and would not honor Kaylee.I wonder if the Goncalves are going to try to agitate BK and get him to have some sort of public display, pure speculation but I just get that feeling moo
In Part Two: Inception of The Idaho Four: An American Tragedy, Patterson and Ward recount chilling acts allegedly committed by BK well-before he murdered Maddie, Kaylee, Xana and Ethan.
They also write that Kohberger learned in his “Psychological Sleuthing” course with Katherine Ramsland that psychopathy has a genetic component, and that interventions of affected individuals must take place very early—by age 4.
I wasn’t aware until recently that Dr. Ramsland contributes to Psychology Today. Here is her short article about “youthful psychopathy”:
3 Dimensions of Youthful Psychopathy
The forensic psychologist hired by AT diagnosed BK with Level 1 autism, and this diagnosis is corroborated by Patterson and Ward (Connie Saba claimed that BK’s mother told her that BK has Asperger’s syndrome).
However, this systematic review shows that it is psychopathy, not autism, that leads to violent acts:
The relationship between psychopathy and autism: a systematic review and narrative synthesis
Though very rare, the two conditions can co-occur. Given how good of an actor and manipulator BK has proven to be, perhaps the autism is also an act and BK is just a plain ole psychopath.
IMO
There was zero chance the state was offering him that option. He's lucky they didn't force him to sit down and walk them through these crimes before they offered the deal.
Not thinking it, just asking the question.Why do you think that?
I haven't read anyone, apart from KR, say he seemed "normal" (As the parent of an autistic child im loathe to use the word "normal" to describe what BK isnt, but its all I have right now).
@RolypolyolyI personally dont think he will be moved one way or the other by victim impact statements, I dont think he will enjoy the pain of the family's and their grief, I think he will just study them. I honestly dont think he is capable of feeling in the way we expect.
After reading posts here and elsewhere, I think it does make sense that he can appeal. I think the plea that removes the ability to appeal means they won't be in court endlessly as he appeals anything and everything. I think there are cases where LE/the courts get people to plea, and they do not do it on the up and up. They might take advantage of them or scare them or lie to them, etc. Those people should be allowed to bring that up if it did happen and even in cases where they take a plea that also includes no appealing. It ultimately protects the court system and would only have any chase of being granted if someone did in fact lie to him, coerced him or something to get him to agree to a plea. It sounds like the judge and all participants here have been thorough in making sure he understands what he's pleading to and was no lied to or bribed with anything other than no death penalty. I think those appeals are for those who were lied to or for those who were taken advantage of somehow by the court system. BK was none of that. I don't see any appeal making it anywhere.Thank you, @INfisherman , this was informative and clarifying for me.
I’m still very aggrieved, though.
Here are four families who have suffered the most bitter blow possible. The interviews with the families who were relieved at BK’s plea deal seemed to be rejoicing that he was banned from EVER appealing.
Even if it hopefully, most probably, ends with any appeal being denied, IMO this is yanking the chains of victims who deserve only peace and some kind of tranquility, now and forever.
JMO
No we're not. I guess we can dream they made that a requirement, but I tend to think we'd know that by now.Are we positive that they didn’t?