Case Updates
Proceedings and filings. Verified paper first.
Post-conviction docket — CV01-26-15094 Plain-language timeline
September 22, 2026 — Motion to seal the PCR supplement denied
Judge Hippler denies the motion to seal the August 27 supplemental memorandum under I.C.A.R. 32(i)(3)(A). The order says the memo describes trial counsel’s concerns in general terms and does not disclose private health-related information, expert-consultation details, or confidential communications. Footnote 1 of the September 3 order is limited to service on the State; it is not a prospective discovery-waiver ruling. After this order the August 27 supplement is posted with the public packet. The May 20, 2025 criminal-case ex parte packet remains off the site.
Order denying seal Aug. 27 supplement (3 pp.)
September 24, 2026 — Court notice on the May 20 ex parte packet
Judge Hippler gives notice of intent to provide the State the unredacted May 20, 2025 ex parte supplement (including the Juliet Yakel declaration) and the unredacted June 26, 2025 continuance order. Petitioner has five days to object; the State then has five days to respond. If no objection, the court will file those materials under seal by an order of judicial notice. The underlying unredacted papers are not posted here.
September 15, 2026 — State objects on the sealed / ex parte papers
The State objects to keeping the May 20, 2025 criminal-case ex parte supplement closed to the prosecution. It already has the PCR sealed supplemental memorandum under the court’s service order. It asks for immediate production of the May 20, 2025 ex parte filing and any attachments, citing footnote 1 of the September 3 order and language in the July 27 PCR affidavit.
September 10, 2026 — Public response on the sealed supplement
Counsel files a public response to the court’s September 3 order concerning the sealed supplemental memorandum. The paper states the sealed supplement has now been served on the State, asks that it remain sealed from public access under I.C.A.R. 32(i)(3)(A)(1), and asks the court to clarify that footnote 1 of that order does not prospectively decide the scope of any later privilege waiver. After the September 22 order denying the seal, the August 27 supplement is posted with the packet. The May 20, 2025 criminal-case ex parte packet is not.
Public response on seal (11 pp.)
September 9, 2026 — State responds on the schedule
Latah County PA responds to the August 27 objection. The State calls the roughly eleven weeks to November 13 reasonable, notes it had told counsel before the scheduling order that it was not opposed to a reasonable extension, and does not object to holding its motion to dismiss in abeyance until an amended petition is filed or the deadline passes. It asks that any answer to an amended petition be due in 30 days, and that discovery run only if authorized under I.C.R. 39(b).
September 4, 2026 — State asks for dates on venue and the schedule objection
Latah County PA asks for a supplemental scheduling order setting hearings and related deadlines on the August 27 objection to the November 13 amendment deadline and the motion to change venue. The request is to start the I.R.C.P. 7(b)(3)(B) response/reply clocks. The State waives hearing on this request under Local Rule 5.3.
Request for supplemental scheduling order
September 3, 2026 — Disqualification hearing set
Counsel notices the Motion to Disqualify for October 15, 2026, at 1:30 p.m. at the Ada County Courthouse, 200 W. Front Street, Boise. Appearance by WebEx is permitted; the clerk is to issue instructions before the hearing.
September 3, 2026 — Order on the sealed supplement
Judge Hippler orders petitioner to serve the August 27 supplement on the Latah County Prosecutor immediately. Within seven days counsel must explain why I.C.A.R. 32(i)(3)(A) justifies a public seal. The supplement stays temporarily sealed pending that explanation. Footnote 1 states that an ineffective-assistance claim waives privilege over communications relevant to the conduct placed in issue. That footnote is later limited by the September 22 order.
Order Re: Sealed Supplemental Memorandum
September 3, 2026 — Page-limit leave granted
Judge Hippler grants leave to file a 24-page disqualification memorandum (including the sealed supplement) against the 15-page Local Rule 8.1 cap. The order notes leave was not obtained before the overlength filing. The State is given the same enlargement for its response.
Order Granting Leave to Exceed Page Limit
August 27, 2026 — Motion to move PCR to Latah County
Counsel moves under I.R.C.P. 40.1(a)(1)(B) to change venue of CV01-26-15094 from Ada County to Latah County. The paper agrees the petition had to be filed in Ada County, where the conviction was entered. It asks a later transfer for convenience of witnesses and the ends of justice. Attached as Exhibit 1 is Judge John C. Judge’s September 6, 2024 order changing venue of the criminal case.
Motion for Change of Venue (29 pp.) Rauch venue affidavit
August 27, 2026 — Objection to the November 13 amendment deadline
Counsel objects to the November 13, 2026 amended-petition deadline in the August 26 scheduling order. The order treats an amended petition as a full replacement and waives any claim not restated. Counsel’s expert deadline is February 1, 2027 and discovery runs to May 7, 2027. The paper asks the court to extend or vacate that amendment deadline, set a hearing, and hold the State’s August 25 motion to dismiss in abeyance until an operative amended petition is filed. Exhibit 1 is Keith Scholl’s August 25 letter.
Objection / motion to extend (13 pp.)
August 27, 2026 — Motion to disqualify Judge Hippler
Appointed PCR counsel Gregory R. Rauch moves to disqualify Judge Hippler for cause under I.R.C.P. 40(b)(1)(D), or in the alternative for voluntary disqualification under Rule 40(c). The motion is not based on assignment of the same judge alone. It points to the June 26, 2025 order denying more time, the July 2, 2025 plea colloquy, and sentencing remarks. A declaration of counsel with exhibits is referenced as filed with the motion.
Motion to Disqualify (22 pp.) Rauch affidavit + exhibits (205 pp.)
August 26, 2026 — Scheduling order
Judge Hippler issues the Order Governing Proceedings. Objection to the schedule due within 14 days. Amended pleadings by November 13, 2026 (an amended petition replaces the original in full; un-restated claims are waived). Petitioner witness/expert disclosure February 1, 2027; State rebuttal experts March 1, 2027; discovery complete May 7, 2027. Status conference June 3, 2027, 1:30 p.m. Evidentiary hearing, if granted, June 17, 2027, 9:00 a.m., Ada County Courthouse.
August 25, 2026 — State answers and moves to dismiss
Latah County Deputy Prosecutor Keith P. Scholl files the Answer and, on the same 6:12 p.m. stamp, Respondent’s Motion for Order Dismissing Petition. The motion is under I.C. § 19-4906(b) and, in the alternative, § 19-4906(c). It asks an order of intent to dismiss or summary disposition, with a briefing schedule if the court proceeds under (c). The Answer denies IAC, unkept-promise, and threat-of-counsel grounds, lists five affirmative defenses, and attaches Exhibit A (indictment, plea agreement, written factual basis, guilty-plea advisory, judgment).
Answer (29 pp.) Motion to dismiss (4 pp.) State motion for July 2 plea transcript
August 17, 2026 — Transcript ordered
The court grants the motion. Ada County Trial Court Administrator Transcripts Office shall produce the transcript and recording of the July 23, 2025 sentencing in CR01-24-31665, at the expense of the State Public Defender. Order dated August 11; filed August 17.
August 3, 2026 — Rauch assigned
Shannon Romero, Alternate Counsel Division Director for the Office of the State Public Defender, files notice that Greg Rauch, ISB 7389, Magyar, Rauch & Associates, is assigned to represent the petitioner in CV01-26-15094.
Notice of Assignment of Counsel
August 7, 2026 — Motion for sentencing transcript
Gregory R. Rauch, Magyar, Rauch & Associates, PLLC, appears as appointed counsel and moves for the transcript and recording of the July 23, 2025 sentencing hearing in CR01-24-31665.
July 29, 2026 — Counsel appointed
Judge Hippler grants the motion for appointment of counsel under Idaho Code § 19-4904. The State Public Defender shall appoint counsel in CV01-26-15094. Footnote on the order: there are no filing fees for a petition for post-conviction relief.
July 27, 2026 — Post-conviction petition filed
Ada County civil case CV01-26-15094 opens. Three handwritten filings clerk-stamped July 27, 2026, 8:34 p.m.: the petition and affidavit for post-conviction relief; a motion and affidavit for appointment of counsel; and a motion and affidavit to proceed on partial payment of court fees, with the inmate-trust printout attached. Relief sought on the petition form: withdrawal of the guilty plea entered in CR01-24-31665. Grounds listed on the form: ineffective assistance of counsel; plea induced by unkept promises; plea induced by threats from counsel.
Post-conviction packet Petition PDF Counsel motion PDF
July 23, 2025 — Judgment of conviction
Sentence imposed in CR01-24-31665, Ada County. Four counts first-degree murder; felony burglary. Terms on the later petition form: life without parole, plus 10 years.
July 2, 2025 — Guilty plea
Plea of guilty entered in the criminal case. No direct appeal is listed on the July 2026 petition form.
May 2023 — Indictment
Grand jury indictment: four counts first-degree murder and one count felony burglary. Latah County CR29-22-2805 / later Ada County CR01-24-31665.
January 2023 — Arrest and extradition
Arrest in Pennsylvania. Extradition to Idaho.