Bryan Kohberger can appeal his sentence, after all — here’s why

At Bryan Kohberger‘s July 17 gag order hearing in Boise, Idaho, Judge Hippler declared the gag order was no longer necessary. Hippler also noted that despite Kohberger waiving his right to appeal in the plea agreement, he could still file an appeal during the designated appeals period.

This news of a potential appeal shocked many who’ve followed the case closely, such as NewsNation reporter Brian Entin, who spoke with former Idaho Attorney General Dave Leroy to clarify what Hippler meant. According to Leroy, and as Hippler said, the U.S. Supreme Court ruled in Garza v. Idaho that just because a defendant waives the right to appeal, they still have the right to appeal.

“Under fundamental due process,” Leroy told Entin, “every individual, even a convicted defendant, has the right to sometimes make a narrow collateral challenge,” meaning an appeal, “upon an allegation, for instance, that he was given ineffective assistance of counsel, or did not fully and voluntarily understand his waiver of the right to appeal.”

Will Kohberger appeal?

As it stands, there’s no indication Kohberger will appeal, and according to Leroy, based on the details of the Idaho 4 case, an appeals court would “summarily, I believe, reject it.” Should he decide to, Kohberger has 42 days from the date the clerk’s office stamps the judgment or sentencing order to file a notice of appeal in district court.

The gag order

Setting appeals aside, Judge Steven Hippler ordered a partial unsealing of court documents in the Kohberger case but stressed that the process will unfold slowly. Instead of releasing all records at once, Hippler said he will review and unseal them in reverse chronological order, beginning with the most recent filings.

Most records will remain sealed until sentencing is complete, and even then, their release could take weeks or months as each document is individually evaluated. In the meantime, both prosecutors and defense attorneys have pledged to remain silent, citing a desire to protect the victims’ families and avoid influencing any ongoing proceedings.

Facing overwhelming DNA, cellphone, surveillance, and knife‑sheath evidence linking him to the November 13, 2022, murders of four University of Idaho students, Kohberger entered a plea agreement to avoid the death penalty, admitting guilt on four first‑degree murder counts and one burglary count. The deal included four consecutive life sentences plus an additional 10 years, and he waived nearly all appeal rights under the agreement.