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  1. #1
    Join Date
    Aug 2015
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    127

    Brendan Dassey's Habeas Corpus Petition Granted

    Although granted, the state can and most likely will re-try him.

    The decision is 91 pages long.
    Attached Files Attached Files

  2. #2
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    Jan 2016
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    141
    Many thanks. Will have a read.

  3. #3
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    Oct 2009
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    The Big Apple
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    484
    Wonderful news! Very insightful decision from the judge. Thank you for posting the link.

    I can't imagine they would try him again since all the evidence centered around his "confession" which would now be inadmissible. It's appalling how they took advantage of this child during their investigation. Plus these convictions have gotten so much attention from the Netflix series.

    Hopefully this will open the door for Steven Avery's appeal to overturn his conviction since the major evidence was Dassey's "confession".

    Beam me up Scotty

  4. #4
    Join Date
    Oct 2011
    Posts
    498
    This is fantastic news. I'm so happy for him!

  5. #5
    Join Date
    Oct 2011
    Posts
    498
    Quote Originally Posted by clarabelle View Post
    Wonderful news! Very insightful decision from the judge. Thank you for posting the link.

    I can't imagine they would try him again since all the evidence centered around his "confession" which would now be inadmissible. It's appalling how they took advantage of this child during their investigation. Plus these convictions have gotten so much attention from the Netflix series.

    Hopefully this will open the door for Steven Avery's appeal to overturn his conviction since the major evidence was Dassey's "confession".

    Won't help Avery. Dassey's confession was not used against him during his trial.

  6. #6
    Join Date
    Aug 2009
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    CA always, FL now
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    17,734
    Judge Overturns Conviction for 'Making a Murderer' Subject Brendan Dassey

    A federal judge in Milwaukee has overturned the conviction of Brendan Dassey, the young man whose case was one of two documented in the Netflix series “Making a Murderer."
    Dassey's attorney Steve Drizin with Northwestern University’s Center on Wrongful Convictions of Youth confirmed the news, saying the judge handed down a 91-page decision.

    "I am just beyond excited," Drizin said. "I had to pick myself up off the floor."
    The ruling means Dassey could go free in 90 days if the state does not refile.

    Drizin said the state could appeal the decision, however, which would put Dassey's release on hold.

  7. #7
    Join Date
    Aug 2008
    Location
    SK, Canada
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    3,218
    Here are the last 2 paragraphs! What a sweet day for Brendan!!!

    However, the state courts unreasonably found that the investigators never made
    Dassey any promises during the March 1, 2006 interrogation. The investigators
    repeatedly claimed to already know what happened on October 31 and assured Dassey
    that he had nothing to worry about. These repeated false promises, when considered in
    conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits,
    and the absence of a supportive adult, rendered Dassey’s confession involuntary under
    the Fifth and Fourteenth Amendments. The Wisconsin Court of Appeals’ decision to the
    contrary was an unreasonable application of clearly established federal law.

    IT IS THEREFORE ORDERED that Brendan Dassey’s petition for a writ of
    habeas corpus is GRANTED. The respondent shall release Dassey from custody unless,
    within 90 days of the date of this decision, the State initiates proceedings to retry him.
    See Jensen v. Schwochert, 2013 U.S. Dist. LEXIS 177420, 55 (E.D. Wis. Dec. 18, 2013). The
    Clerk shall enter judgment accordingly

  8. #8
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    Aug 2008
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    Quote Originally Posted by Sinsaint View Post
    Won't help Avery. Dassey's confession was not used against him during his trial.
    It could help SA. I have always thought that one of the reasons they went after Brendan in the first place was because he was with SA that night... with him NOT killing TH. If they can't use his confessions, could he be used as a witness now for SA?

  9. #9
    Join Date
    Oct 2011
    Location
    Texas USA
    Posts
    12,406
    Holy Macaroni! I'm very pleased with this. I fear it's probably a little too little, little too late . Brendan's been institutionalized for so long now , I don't know what kind of a life he can have.
    It's so surprising. I thought the odds of him even getting a new trial were low. I never considered this.

  10. #10
    Join Date
    Aug 2012
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    2,398
    Awesome. Justice.
    One more to go!


  11. #11
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    Aug 2012
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    Quote Originally Posted by missy1974 View Post
    It could help SA. I have always thought that one of the reasons they went after Brendan in the first place was because he was with SA that night... with him NOT killing TH. If they can't use his confessions, could he be used as a witness now for SA?
    Oh 100% it will help Avery. The corruption is coming to light. The truth always shines through in the end!

  12. #12
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    Aug 2008
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    SK, Canada
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  13. #13
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    Aug 2008
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    http://www.people.com/article/brenda...der-overturned

    Kathleen Zellner, Avery's new attorney, tells PEOPLE "we are thrilled for Brendan Dassey that his conviction has been overturned," adding "we fully expected this outcome from an unbiased court that carefully examined his confession."

    According to Zellner, she was just visiting with Avery who "is so happy for Brendan. We know when an unbiased court reviews all of the new evidence we have, Steven will have his conviction overturned as well."

  14. #14
    Join Date
    Jun 2014
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    421
    This is wonderful news! I've always felt Brendan was innocent. I'm not so sure about SA though...

  15. #15
    Join Date
    Sep 2009
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    Quote Originally Posted by missy1974 View Post
    Here are the last 2 paragraphs! What a sweet day for Brendan!!!
    Thank You Missy1974 !!
    The World Has Gone Mad.

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