Judge John Judge denied the motion as too premature.
Kohberger’s lawyers filed the motion in an effort to dismiss the grand jury indictment against him, arguing for dismissal because only 32 jurors were brought in to hear the case rather than 45 jurors.
The judge said that did not constitute a substantial failure to comply with grand jury procedures and denied the request.
Kohberger’s team has 37 days to review the evidence and decide if they wish to renew the motion to stay.
Kohberger, who was a graduate student studying criminal justice at the University of Washington, is accused of killing Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle in an off-campus house in November of 2022.
The deaths of the four students shocked the country as initially there were few leads on what happened to the group.
Kohberger was arrested at his parent’s home in Pennsylvania after investigators used familial DNA to link Kohberger to evidence found at the crime scene.
His trial was initially set to begin Oct. 2 but his team requested more time to review evidence. A new trial date has not been set.