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  1. #541
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    Dec 2016
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    I agree with the opinion that the en banc hearing means that the issues raised are deemed to be significant and that there is a determination to get a definitive and well-founded judgement whichever way the decision goes
    Last edited by proudfootz; 11-24-2017 at 04:04 PM. Reason: grammar & clarity

  2. #542
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  3. #543
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    Last edited by Jaiddie; 11-28-2017 at 03:06 PM.

  4. #544
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    Jan 2015
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    4,995
    Wonder why the judge did this then? Too little, too late if it is no longer her jurisdiction. Maybe she is trying to cover for herself?
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  5. #545
    Join Date
    Aug 2008
    Location
    SK, Canada
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    Quote Originally Posted by Karinna View Post
    Wonder why the judge did this then? Too little, too late if it is no longer her jurisdiction. Maybe she is trying to cover for herself?
    There does seem to be some debate about whether it was out of the judge's jurisdiction or not at this point. The appeals court had just acknowledged the case earlier this week and the file has yet to be transferred. If I understand it all correctly, KZ had to file that appeal when she did because of a timing issue (only so many days to appeal a decision) and the judge hadn't ruled on the motion to reconsider yet, but did yesterday, 11 days after KZ appealed the first decision.

    Someone on the family FB page set up another page to explain all the legal stuff, it's been a great source of info! The one woman that posts does have a legal background and I like that she's not all "Goooo Zellner", because IMO Zellner has made some mistakes and wouldn't be in this position if she had just let the courts know that there was more to come and that there was another agreement with the State to do more testing. That being said, KZ has said in the past and is still saying that this will go to the federal courts one way or another and she knows this, this is going to be a long long long journey! I don't see it ending anytime soon unless someone comes up with conclusive evidence that someone else committed this murder. JMO

  6. #546
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    Jan 2015
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    Quote Originally Posted by missy1974 View Post
    There does seem to be some debate about whether it was out of the judge's jurisdiction or not at this point. The appeals court had just acknowledged the case earlier this week and the file has yet to be transferred. If I understand it all correctly, KZ had to file that appeal when she did because of a timing issue (only so many days to appeal a decision) and the judge hadn't ruled on the motion to reconsider yet, but did yesterday, 11 days after KZ appealed the first decision.

    Someone on the family FB page set up another page to explain all the legal stuff, it's been a great source of info! The one woman that posts does have a legal background and I like that she's not all "Goooo Zellner", because IMO Zellner has made some mistakes and wouldn't be in this position if she had just let the courts know that there was more to come and that there was another agreement with the State to do more testing. That being said, KZ has said in the past and is still saying that this will go to the federal courts one way or another and she knows this, this is going to be a long long long journey! I don't see it ending anytime soon unless someone comes up with conclusive evidence that someone else committed this murder. JMO
    BBM, What position is Ms. Zellner in exactly? IMO she is not phased by the lower trial court of judge AS. Ms. Zellner has always known that the trial court is just the lower rung of the ladder she needs to climb to get this all into the higher courts, as she has stated herself, that these cases are never overturned in these lower courts.
    And i agree, this still has a long way to go because it can take years to overturn a wrongful conviction.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  7. #547
    Join Date
    Aug 2008
    Location
    SK, Canada
    Posts
    3,946
    Quote Originally Posted by Karinna View Post
    BBM, What position is Ms. Zellner in exactly? IMO she is not phased by the lower trial court of judge AS. Ms. Zellner has always known that the trial court is just the lower rung of the ladder she needs to climb to get this all into the higher courts, as she has stated herself, that these cases are never overturned in these lower courts.
    And i agree, this still has a long way to go because it can take years to overturn a wrongful conviction.
    Right now, any new testing that the State agreed to before the ruling, is on hold. The State is not allowing her access to things she wanted to test, like the RAV4. Any way that I look at this, IMO, it's possible that her not letting the judge know to delay her decision while she does tests pursuant to an agreement between her and the State, is going to delay this much longer than it needed to be. For example... IIRC, the State agreed to allow her access to the RAV4, what if there is something there that was missed? that would show that SA didn't do this? Now they aren't letting her have access and she may not get access to it at all.

    I hope she knows what she is doing, but there are laws specific to Wisconsin, and it seems like she has missed a few, or her local counsel has.

    One thing that I don't like is that if KZ is successful on her appeal, it goes back to the same judge!!!! Talk about going around in circles! If the State is so confident in their conviction, they should just let KZ do all the testing, which she is willing to pay for, wouldn't cost them anything.

    For the record, I haven't even read the judge's latest decision, I haven't had time but will hopefully get a chance later tonight. I did read that KZ has now appealed the 2nd decision to deny the motion to reconsider too, it should allow her to combine the appeals and it will allow the amended PCB's to be brought up, so that's good

  8. #548
    Join Date
    Dec 2016
    Posts
    124
    Quote Originally Posted by missy1974 View Post
    \

    One thing that I don't like is that if KZ is successful on her appeal, it goes back to the same judge!!!! Talk about going around in circles!
    There is some logic behind this. The judge that is familiar with the case will be able to catch up with new developments and refesh their memory much easier than a judge who is new and has to start from scratch. Though, justice is hampered. You have to convince the judge that they were wrong, which is always an uphill battle. I think I have heard of a judge coming out of retirement to hear an appeal to a case they ruled on. It is THAT common for the old judge to re-hear a case. I think that really ought to be changed. If we slowed the court system down more, could anyone even notice? haha


    If the State is so confident in their conviction, they should just let KZ do all the testing, which she is willing to pay for, wouldn't cost them anything.
    Those in authority hate to have their authority questioned, even if it is with the best intentions. The people in this case whose intelligence, competence, and basic human decency are called into question will go to their deathbeds swearing they were right to do everything they did. Maybe one of them will concede that maybe they could have maybe handled Brenden a little differently, maybe. But at the time, they did the best they could! etc etc. I don't think you'll ever really see these guys change their minds with Avery.

    I think even if Zellner does a good job showing that someone else did it and Avery goes free, Kratz et al will say that the justice system has been perverted and they won't pursue anyone else. I think Teresa's murder will go officially unsolved if Avery goes free.

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