A legal expert has called Bryan Kohberger’s attempt to abandon his guilty plea “highly unlikely” to succeed after the convicted killer filed a petition for post-conviction relief in an Idaho court.
Kohberger pleaded guilty in 2025 to killing four University of Idaho students, waiving his right to a trial and avoiding a possible death penalty conviction. He received four life sentences in prison.
On July 27, Kohberger filed a petition for post-conviction relief in the Ada County District Court. He looks to withdraw his guilty plea and conviction and seeks a trial on the murder charges.
Here is what to know about the petition, what could happen next,and its chances of succeeding.
Why Does Bryan Kohberger Want to Withdraw His Guilty Plea?
After admitting to a judge in 2025 that he killed four University of Idaho students at an off-campus house in November 2022, Kohberger argues in court documents obtained by NBC News on July 27 that he received “ineffective” counsel from his court-appointed public defenders and was “convinced to falsely confess” to a crime he says he did not commit.
He is requesting a trial on the murder charges.
NBC News legal expert Misty Marris spoke on NBC News NOW on July 28 about what Kohberger’s petition means.
“When he pled guilty, he waived his right to an appeal, but constitutionally there’s an avenue that remains open to any criminal defendant, and that’s to seek post-conviction relief,” she said. “So you see that with ineffective assistance of counsel, which seems to be a primary factor of his argument here, saying he was coerced into pleading guilty, there were false promises, and that’s the basis that he set forth in this notice.
“But this is not just buyer’s regret. It can’t just be, ‘My lawyers presented me with options, and I’m unhappy with the one that I chose,’” she continued. “There would have to be some really black-and-white evidence of misconduct, coercion, something that happened behind the scenes, so this is a really tough haul.”
Kohberger, who has not retained a lawyer and is representing himself, wrote in the petition that he was “advised to lie” and told he would gain a “legal victory” by entering a “false plea.”
Kohberger’s lawyers did not immediately respond July 27 to requests for comment from NBC News.
“My actual innocence is my truth, and the plea, hinged on by false promises and blatant disinformation, MUST be withdrawn,” Kohberger said in a statement to The New York Times on July 26.
The petition not only argues that his lawyers didn’t do their jobs, it also calls for Kohberger to be allowed to dispute evidence presented by the state that he carried out the killings. Prosecutors also presented extensive evidence linking him with the crime, including DNA on a knife sheath that, through genetic geneology, led back to Kohberger.
“That opens up the avenue to potentially lay out some of those alternative theories, and that’s where you could see that coming into play with this petition seeking post-conviction relief,” Marris said.
Kohberger’s time in prison may also play a role in his decision to try to abandon his guilty plea. In August 2025, the Idaho Department of Corrections responded after what appeared to be a complaint by Kohberger that he was being taunted while in prison. The IDC said it maintains “a safe and orderly environment for all individuals” in its custody.
“What we’ve seen since he’s pled guilty and he’s been behind bars, he’s made multiple complaints about the conditions,” Marris said. “And so now he’s facing a lifetime, no possibility of parole, no possibility of getting out, and it seems he’s picked the one avenue to kind of maybe become a lawyer behind the scenes and pursue this post-conviction relief.”
What Are the Chances That the Petition Will Result in a New Trial?
Marris said Kohberger would have to show a “manifest injustice” occurred when he pled guilty, which she called “incredibly difficult” to prove.
In addition to writing that his legal representation was ineffective, Kohberger also argued in his statement to The New York Times that state investigators’ account of what happened in the murder case is a “myopic narrative” and a “work of fiction.”
Marris noted that one of the first people he would have to convince of his arguments in order to get a new trial is the same judge he admitted to in court that he murdered Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Ethan Chapin, 20, in November 2022.
“What’s interesting is this case will first go Judge (Steven) Hippler,” Marris said. “Who’s Judge Hippler? The one that (Kohberger) looked in the eyes and said, ‘This was voluntary, I did it, and I was not coerced, and my lawyers were sufficient.’”
What Have the Families of the Idaho Students Said?
Kaylee Goncalves’ family called Kohberger “the mosquito you just can’t seem to swat” and criticized The New York Times in a statement to NBC News on July 27.
“The piece had little else to offer beyond a guilty man once again claiming he is innocent,” it said.
The family also spoke about previously wanting Kohberger to stand trial, but his guilty plea removed that possibility.
“He wants another chance to roll the dice,” the family said in the statement. “The defendant will get another day in court—a welcome break from solitary confinement: a ride, perhaps different food, photos taken, and the spotlight once again fixed on him and his supposed ‘innocence’.”
What Happens Next?
Legal briefs will be filed, and the district attorney will most likely contest Kohberger’s petition, according to Marris.
Idaho Attorney General Raúl Labrador said his office “stands ready to do whatever is necessary to ensure justice is fully carried out.”
“My heart goes out to the families of Madison, Kaylee, Xana, and Ethan, who have already endured unimaginable loss and now must face today’s deeply painful news,” he posted on X on July 27.
The petition could then possibly go before Judge Hippler or to a higher court, according to Marris.
“If (Kohberger) were to be successful, it would be a new trial, but guess what? That plea deal would be null and void, so the death penalty could be back on the table,” she said.
Some families were upset that Kohberger did not have to stand trial and face questions about the killings, while others were relieved to gain some closure after his plea deal. However, the new filing means the case will once again be in the spotlight.
“That finality has been disrupted,” Marris said.
While the chances are slim that Kohberger will be granted a trial, it means the families will have to once again see his name in headlines after refusing to even utter it since losing their loved ones.
“It will have to go through the process,” Marris said. “Whether it’s ultimately going to be successful — highly unlikely — but the process still remains, so the families will have to be there to watch it unfold.”
