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  1. #496
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    Quote Originally Posted by Karinna View Post
    Very odd the Judge didn't allow for an evidentiary hearing? Wonder if she is allowed to even do what she did, as it doesn't seem to be normal legal procedure from what i am reading?
    She is allowed to do it, although it seems it's "odd" to not at least have an evidentiary hearing considering that KZ asked for a boatload of evidence to test and she only had access to a small amount at the point that she filed the PCB, but the laws allow the judge to make a decision without having a hearing. I have read that because it was such a short decision and only addressed some and not all of the issues raised, that it might help down the road. This is just going to delay everything and make it that much harder and it's unfortunate and was avoidable.

    The best indication that it's allowed is in KZ's filing on Friday, she is asking for the decision to be vacated pursuant to Wisconsin statute 806.07 (1)(a)

    806.07  Relief from judgment or order.

    (1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

    (a) Mistake, inadvertence, surprise, or excusable neglect;



    KZ is admitting she made a mistake.

    There is no doubt in my mind that Zellner screwed up with not letting the courts know that her intention was to test more evidence and file an amended PCB. No way do I believe that she planned this and it's part of a bigger plan, but JMO.

  2. #497
    Join Date
    Jan 2015
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    Quote Originally Posted by missy1974 View Post
    She is allowed to do it, although it seems it's "odd" to not at least have an evidentiary hearing considering that KZ asked for a boatload of evidence to test and she only had access to a small amount at the point that she filed the PCB, but the laws allow the judge to make a decision without having a hearing. I have read that because it was such a short decision and only addressed some and not all of the issues raised, that it might help down the road. This is just going to delay everything and make it that much harder and it's unfortunate and was avoidable.

    The best indication that it's allowed is in KZ's filing on Friday, she is asking for the decision to be vacated pursuant to Wisconsin statute 806.07 (1)(a)

    806.07  Relief from judgment or order.

    (1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

    (a) Mistake, inadvertence, surprise, or excusable neglect;



    KZ is admitting she made a mistake.

    There is no doubt in my mind that Zellner screwed up with not letting the courts know that her intention was to test more evidence and file an amended PCB. No way do I believe that she planned this and it's part of a bigger plan, but JMO.
    Respectfully, i don't think KZ made any mistake per this article
    (quote)
    Zellner filed her motion Friday asking the court to vacate Tuesday's surprise ruling that rejected Avery's bid for a new trial, a ruling that wasn't anticipated for many more months
    "At the time the order was granted, the parties through Defendant Attorney Kathleen Zellner and Assistant Attorney General Thomas Fallon had an agreement that further testing would take place on certain evidentiary items," Zellner's filing from Friday states. "The parties also had an agreement that the previously filed Motion for Relief would be amended."

    In sum, Zellner wants the Wisconsin judge to basically rescind Tuesday's ruling on the grounds that the judge acted in a premature fashion.
    https://patch.com/illinois/downersgr...-halbachs-rav4
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  3. #498
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    Quote Originally Posted by Karinna View Post
    Respectfully, i don't think KZ made any mistake per this article
    (quote)
    Zellner filed her motion Friday asking the court to vacate Tuesday's surprise ruling that rejected Avery's bid for a new trial, a ruling that wasn't anticipated for many more months
    "At the time the order was granted, the parties through Defendant Attorney Kathleen Zellner and Assistant Attorney General Thomas Fallon had an agreement that further testing would take place on certain evidentiary items," Zellner's filing from Friday states. "The parties also had an agreement that the previously filed Motion for Relief would be amended."

    In sum, Zellner wants the Wisconsin judge to basically rescind Tuesday's ruling on the grounds that the judge acted in a premature fashion.
    https://patch.com/illinois/downersgr...-halbachs-rav4
    I understand what KZ thinks, but at the same time, she admits in her motion to vacate that she (KZ) made a mistake, not that the judge did. The judge didn't have an obligation to hold a hearing if she believed it didn't have merit, neither side asked for a hearing, and if the State and KZ had an agreement, the judge had absolutely no way of knowing that unless KZ or the State let the judge know, and she didn't.

    As for not anticipating a ruling... regardless of when she expected the ruling, the moment she had an agreement with the State and knew that she would be filing an amended motion and the State agreed that she could do that, she should have filed it IMO

    I'm okay if others think it's part of a bigger plan, I just don't and ultimately the process is going to be a long one anyway, this has just made it longer. I am curious to know if the State is still willing to let KZ do additional testing since there is now a ruling and they really have no obligation to do so. I also read somewhere (in an article) that KZ is still going to file the amended motion even if the judge doesn't vacate the previous decision.

    As for the decision, I think it somewhat reflects the bigger picture of the justice system, from what I understand, the judge basically said that all of these issues were brought up previously, but some of them were brought up when SA was representing himself and no lawyer was involved, and it seems so unfair.

  4. #499
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    Jan 2015
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    I think given the unusual goings on in this case it will definitely be interesting to see how Ms. Zellner plays this and if she can bypass this judge's decision to a higher court?
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  5. #500
    Join Date
    Jan 2015
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    4,641
    Seems that the judge's untimely ruling under the circumstances makes it seem as if the state is concerned about what might come out if there was an evidentiary hearing, because as KZ has said, she has never been denied that in any other case. It's almost as if the judge is trying to prevent any other evidence etc. from being heard in court to protect the state's interests in keeping SA incarcerated. As KZ said herself what are they fearful of? If the state believe they got it right in the first place ,why won't they stand behind that and let Ms. Zellner prove her case?
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

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