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Ask an attorney: Kohberger wants to take back his guilty plea. What happens next?

Bryan Kohberger appears at the Ada County Courthouse, for his sentencing hearing in Boise, Idaho, on Wednesday, July 23.
Kyle Green/Pool/AP via CNN Newsource
Bryan Kohberger appears at the Ada County Courthouse, for his sentencing hearing in Boise, Idaho, on Wednesday, July 23.

IDAHO FALLS, ID (KIFI): Bryan Kohberger is asking an Idaho judge to let him take back the guilty plea that resulted in four life sentences for the murders of four University of Idaho students.

Now, the court has laid out the next steps in that challenge, but Kohberger has not been granted a new trial.

Judge Hippler has arranged a status conference for June 3, 2027, and a possible evidentiary hearing on June 17, 2027. The latter hearing will occur only if the judge finds that Kohberger's petition presents matters that require further exploration through testimony and evidence.

Kohberger pleaded guilty in July 2025 to killing University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. As part of the plea agreement, prosecutors agreed not to pursue the death penalty. Kohberger was sentenced to four consecutive life sentences without the possibility of parole.

Now, about a year later, Kohberger filed a petition for post-conviction relief asking to withdraw his guilty plea.

He claims his defense attorneys provided ineffective assistance, failed to disclose or properly review potentially exculpatory evidence, and pressured or misled him into accepting the plea.

So, what happens next?

In simple terms, Kohberger is asking the court to determine whether his guilty plea was legally valid.

If the court ultimately agrees that the plea was improperly entered, the convictions and sentences could be vacated, and the case could return to where it was before Kohberger pleaded guilty.

That would potentially mean a new trial.

But several steps must happen before that could occur.

June 3, 2027: Status conference

The first hearing is essentially a check-in on the case.

According to Ben Mason, a criminal defense attorney with John Malek Law Group in Idaho Falls, the status conference is a procedural step that allows the judge, prosecutors and defense to address deadlines, evidence and the state's request to dismiss Kohberger's petition.

Mason says viewers should pay attention to whether the judge dismisses the petition at that stage or finds factual disputes that need to be examined at an evidentiary hearing.

June 17, 2027: Potential evidentiary hearing

The court has reserved June 17 for an evidentiary hearing if one is granted.

That would be the point where the court could hear testimony and examine evidence related to Kohberger's claims.

But first, his petition has to survive the state's attempt to dismiss it.

Mason explains that the judge would have to determine whether Kohberger's allegations, if proven true, would legally justify undoing his guilty plea. If there are legitimate factual disputes, the court could then hold an evidentiary hearing to hear testimony and review evidence.

Kohberger isn't simply asking the judge to let him change his mind.

Because he has already been sentenced, Mason says he faces a particularly high legal hurdle in trying to undo the plea.

Under Idaho's rules, he would need to establish that allowing the plea to stand would result in a “manifest injustice. Mason also points to Kohberger's statements during his 2025 plea hearing, when he told the judge he was pleading guilty voluntarily, was satisfied with his attorneys, and had not been promised anything improper.

Those statements were made under oath and can matter if a defendant later argues that the plea was not voluntary or informed. Kohberger's current petition argues otherwise, claiming his decision was affected by alleged coercion, misinformation, and problems with how his defense team handled evidence.

Could the death penalty come back?

Potentially, yes.

Kohberger's 2025 plea agreement is what removed the death penalty from the case.

If a court ultimately allows him to withdraw that plea and the case returns to its pre-plea status, Mason says prosecutors could once again pursue the death penalty at trial.

That does not mean the death penalty has been reinstated now. It would only become a potential issue if Kohberger successfully gets his guilty plea withdrawn and the case moves forward to a new trial.

ASK AN ATTORNEY: What does this mean for the case?

For readers who may be asking, “Wait — didn't Kohberger already plead guilty?” that's exactly where the legal distinction matters.

Kohberger is not currently getting a new trial.

He is asking the court to determine whether his guilty plea should be thrown out because he claims the process that led to that plea was legally flawed.

If the judge rejects his petition, his existing convictions and life sentences remain in place.

If the judge ultimately grants his request, the case could return to its pre-plea status and proceed toward trial.

Mason describes the challenge as an “exceptionally steep uphill battle,” particularly because Kohberger already made sworn statements during his plea hearing acknowledging that he was pleading guilty voluntarily and because he was satisfied with his attorneys.

For now, the next major date is June 3, 2027, when the court is scheduled to address the status of Kohberger's petition.

The June 17 evidentiary hearing is only a potential next step — not a guarantee that Kohberger will get a new trial.

Article Topic Follows: Idaho

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Danielle Mullenix

Danielle is a reporter, multimedia journalist, and fill-in anchor for Local News 8.

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