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  1. #31
    Join Date
    Oct 2011
    Location
    Texas USA
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    12,824
    Quote Originally Posted by Giucy View Post
    What's the difference between habeas corpus granted and overturned conviction ?
    Habeas corpus, iirc , means ' bring me the body'. In other words it's release the body / inmate at once and bring them before the judge.
    Overturned conviction means his conviction is reversed. So I'm guessing that means once free he won't be on parole or anything show on his record. Is that right? It will be as if it never happend,,,, uh except for all those years in jail. Sorry , kid !

  2. #32
    Join Date
    Aug 2016
    Location
    France
    Posts
    220
    Well, we can be glad that his conviction was overturned

  3. #33
    Join Date
    Sep 2012
    Location
    Australia
    Posts
    723
    Brilliant news. I hope the State lets it go, and really, they need to start preparing their own defences I think. Some pretty nervous LE and legal types should be VERY unsettled right about now.
    .Find William, Kyron and all the other missing children. Thinking of the families


  4. #34
    Join Date
    Aug 2016
    Location
    France
    Posts
    220
    Do you think it can be appealed ?

  5. #35
    Join Date
    Aug 2008
    Location
    SK, Canada
    Posts
    3,942
    Here is a thought.... they got a new search warrant in March 2006, based soley on information they got from Brendan in his "confession", this is when they "found" the bullet, the one that had very little and the only DNA linking TH to the house/garage.... ya know, the one that SC deviated from protocol to report TH's DNA on it... the one that the defense couldn't watch the testing.... the one that had all of the DNA used up in that test.

    I wonder if anything they found in that search based on that warrant and that information could no longer be admissable in SA's case? I don't recall if there was really anything else found in those searches... seems to me that they took a whole bunch of stuff from the house, including walls/floors/baseboards, etc. and I don't think much of anything was found or used, other than the bullet.

  6. #36
    Join Date
    Aug 2015
    Posts
    132
    I have zero doubt the state will appeal to the 7th Circuit and if Magistrate Judge Duffin's order is affirmed, they will try and find a way to retry him.

    But, unlike most here, I also have zero doubt Steven Avery killed Halbach and dragged his nephew into it.
    Last edited by Itsmevkb; 08-12-2016 at 07:21 PM.

  7. #37
    Join Date
    Nov 2015
    Location
    Chicagoland
    Posts
    3,310
    OH MY GOSH! So glad to hear this for Brendan!!! Like someone else said~~Not sure about SA, but everyone knew Brendan was railroaded!!!

    Now, the question is...did KZ know this was going to go down in August and was just waiting for this to happen to help her case with SA? Strategic move????

  8. #38
    Join Date
    Oct 2011
    Posts
    498
    Quote Originally Posted by BigCityAccountant View Post
    OH MY GOSH! So glad to hear this for Brendan!!! Like someone else said~~Not sure about SA, but everyone knew Brendan was railroaded!!!

    Now, the question is...did KZ know this was going to go down in August and was just waiting for this to happen to help her case with SA? Strategic move????
    Nope. Brendan's own attorneys thought it would take longer to get a ruling. However, I'm sure Zellner is now twerking her filing to request the bullet be tossed as the warrant used to find it was obtained based on false information.

  9. #39
    Join Date
    Aug 2015
    Posts
    132
    Quote Originally Posted by BigCityAccountant View Post
    OH MY GOSH! So glad to hear this for Brendan!!! Like someone else said~~Not sure about SA, but everyone knew Brendan was railroaded!!!

    Now, the question is...did KZ know this was going to go down in August and was just waiting for this to happen to help her case with SA? Strategic move????
    I doubt she had any idea when the decision would come out. All she knew is what everyone knew which is that the petition had been fully briefed and was ready for a decision.

  10. #40
    Join Date
    May 2013
    Location
    SE Minnesota
    Posts
    1,708
    Just watching Brendan's interrogation in the documentary made my heart hurt. I'm so so glad this is happening for him and pray the state will just let it go.

    Sent from my SM-N910V using Tapatalk


  11. #41
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    Aug 2008
    Location
    SK, Canada
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  12. #42
    Join Date
    Sep 2010
    Location
    NY
    Posts
    4,682
    This is the best news.I am crying happy tears for him.
    He did not deserve any of this.They ruined a young boy's life,who they knew was innocent.
    Unforgivable in my book.
    His first lawyer should be put right in Brendan's cell when he goes home to his most loved kitties!

  13. #43
    Join Date
    Aug 2008
    Location
    SK, Canada
    Posts
    3,942
    I haven't read all 91 pages yet. But what I did read... it was like reading all the posts I have read in the last 8 months about the inconsitencies of BD's statements, the way that Wiegert and Fassbender coerced him, the lying to him, the leading questions, all of it.... neatly tucked into a 91 page ruling I have never once thought that Brendan had anything at all to do with this, even if I have waivered on SA, never on BD. The kid got screwed! I'm sure they will try to appeal the decision, I hope they lose. And then, how could they retry him with zero evidence?

  14. #44
    Join Date
    Nov 2012
    Posts
    482
    Yes!!!!! He had no part in it. Hopefully released soon.

  15. #45
    Join Date
    Sep 2009
    Location
    L.I., NY
    Posts
    6,504
    Quote Originally Posted by Justiceseeker35 View Post
    Yes!!!!! He had no part in it. Hopefully released soon.
    90 days is a long time, poor kid but hopefully he might be home for Thanksgiving!!
    The World Has Gone Mad.

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