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  1. #16
    shadowraiths's Avatar
    shadowraiths is offline LISK Liaison, Verified Forensic Psychology Specialist, infoSec Architect
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    Quote Originally Posted by missy1974 View Post
    thanks shadowraiths!

    I was looking through the other BD thread, after Duffin's ruling, I had the same question! So many questions in these cases.

    Have you read the decision shadowraiths? I would be interested in your opinion I feel a bit "invested" in these cases now.
    Hi Missy, I haven't had time to read the opinion. Have been pretty busy lately but will take a look at it this weekend.

    Quote Originally Posted by missy1974 View Post
    At first, I was happy and excited for Brendan. I know it's not over for him though, and there will be appeals, whether the full 7th Circuit hears the case, or it goes to the Supreme Court, it's all going to take time. To see 2 more judges agree with Duffin is a great though, I have never been 100% sure of SA, but I have always been 100% sure that BD is innocent and was just a pawn in this whole situation, the sacrificial lamb.
    Yes, that's where I stand too. That is, 100% sure BD is innocent. I still question SA's innocence but will comment on the other thread when I have time.

    Quote Originally Posted by missy1974 View Post
    It still angers me that the State used Brendan's confession as their narrative to tell Teresa's family. Her death was bad enough, but to give them a story that a 16 yr old child made up to appease the investigators sickens me. My thoughts are with them today, but my thoughts are also with a young man that should be at home and should have been for the past 11 years. JMO
    I totally agree. The whole torture/rape scenario is obscene. Again, I think that scenario came from Kratz dark mind. I totally wish they would have sanctioned him for the way he treated Ms. Halbach's family by giving that awful press conference but it is what it is.



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  2. #17
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    OMG, What fantastic news for Brendan and his family, way to go.
    I know it's very sad and tragic that Teresa's family have been on this awful journey to get Justice for their loved one, but it is also terrible that Brendan didn't get justice either and lost the better part of his youth. Very sad all the way around.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  3. #18
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    I am expecting the state to say they will retry Dassey, then drag the process out as long as they possibly can just to keep him incarcerated.

    They have 90 days to file their intent but I am not sure what the court will accept as grounds for retrial. They can't use his coerced confession and if they have no evidence of his involvement the court should deny their request for retrial. But what should be isn't always what is.

    What evidence could they claim to have?

  4. #19
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    Jerome Buting tweets

    "Brendan attys today filed motion that Brendan be released immediately. 7th Cir ordered state reply by 5:00 pm 6/26. Ticktock #MakingAMurder"

  5. #20
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    By 5 PM on the 26th...that's Monday !

  6. #21
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    Here is what BD's lawyers filed today:

    https://drive.google.com/file/d/0B-A...NOZEhCMkE/view

  7. #22
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    Dassey: 7th Circuit AFFIRMS Judge Duffin in 2-1 decision.

    http://www.startribune.com/prosecuto...ion/430280533/

    Lawyers for Brendan Dassey filed papers Friday with the Chicago-based 7th Circuit Court of Appeals asking that he be released on his own recognizance, saying Thursday's decision by a three-judge appeals panel left no reason for further delays.

    The state is unlikely to prevail in any further appeals or if it retries the case without his confession, they wrote, but said those appeals could prolong Dassey's time in prison "by months, if not years."

    The court gave prosecutors until 5 p.m. Monday to file a response.

    ETA.....Wisconsin Attorney General Brad Schimel said earlier Friday that the state would take whatever steps are necessary to keep Dassey behind bars. He said it would be dangerous to release him, given the seriousness of the crime. Speaking on WTMJ-AM, Schimel said his initial move would be asking the full 7th Circuit to review the panel's decision.

    What planet does Schimel live on?

  8. #23
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    Dassey's attorneys file motion asking he be released from custody

    http://fox11online.com/news/local/la...d-from-custody


    The state issued the following statement in response:

    "While Dassey’s legal team is free to file any motion they desire, Wisconsin DOJ intends to seek review of yesterday’s 2-1 decision by the entire 7th Circuit Court of Appeals and by the United States Supreme Court, if necessary. Because this case is far from being concluded in the appellate courts and we are confident that Dassey’s convictions for rape and murder will be upheld, there is no avenue for him to be released at this time."
    Pedant here, please share your sources. TIA

  9. #24
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    Quote Originally Posted by Tippy Lynn View Post
    http://www.startribune.com/prosecuto...ion/430280533/

    Lawyers for Brendan Dassey filed papers Friday with the Chicago-based 7th Circuit Court of Appeals asking that he be released on his own recognizance, saying Thursday's decision by a three-judge appeals panel left no reason for further delays.

    The state is unlikely to prevail in any further appeals or if it retries the case without his confession, they wrote, but said those appeals could prolong Dassey's time in prison "by months, if not years."

    The court gave prosecutors until 5 p.m. Monday to file a response.

    ETA.....Wisconsin Attorney General Brad Schimel said earlier Friday that the state would take whatever steps are necessary to keep Dassey behind bars. He said it would be dangerous to release him, given the seriousness of the crime. Speaking on WTMJ-AM, Schimel said his initial move would be asking the full 7th Circuit to review the panel's decision.

    What planet does Schimel live on?
    Why would Schimel ask for a review of a decision that took the Judges months to get to? They had their vote and it was decided.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  10. #25
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    Quote Originally Posted by krkrjx View Post
    I am expecting the state to say they will retry Dassey, then drag the process out as long as they possibly can just to keep him incarcerated.

    They have 90 days to file their intent but I am not sure what the court will accept as grounds for retrial. They can't use his coerced confession and if they have no evidence of his involvement the court should deny their request for retrial. But what should be isn't always what is.

    What evidence could they claim to have?
    BBM, They have nothing other than a forced confession. There is no evidence of BD's anywhere at any supposed crime scene.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.


  11. #26
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    Quote Originally Posted by Karinna View Post
    Why would Schimel ask for a review of a decision that took the Judges months to get to? They had their vote and it was decided.
    I know, I don't get it. When does this ride stop????

  12. #27
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    Dassey was ordered released last year and that ruling has now been upheld by a higher court. If the state has further appeal rights, let them take advantage of those appeals but for crying out loud, let Dassey out of prison while this plays out. His conviction is overturned so he is on all levels that matter not guilty of the crimes he was charged with. It's time to stop this insanity and let this young man out!

  13. #28
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    Quote Originally Posted by krkrjx View Post
    Dassey was ordered released last year and that ruling has now been upheld by a higher court. If the state has further appeal rights, let them take advantage of those appeals but for crying out loud, let Dassey out of prison while this plays out. His conviction is overturned so he is on all levels that matter not guilty of the crimes he was charged with. It's time to stop this insanity and let this young man out!
    I agree it is time to stop all the nonsense. I doubt if the State tries to have another crack at this they will even be successful to take it any higher, because the decision has already been upheld twice and any higher court will probably quash the state's requests. IMO I think it's time to stick a fork in them, they are done.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  14. #29
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    I was wondering what an En Banc determination was all about and this is what constitutes En Banc
    (quote)
    Rule 35. En Banc Determination

    (a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:

    (1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or

    (2) the proceeding involves a question of exceptional importance.
    https://www.law.cornell.edu/rules/frap/rule_35

    So would the State even qualify for this determination? I don't think they do.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  15. #30
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    This is from the request to list the stay and release on bond that was filed today:


    On November 15, 2016, the Respondent-Appellant requested that the district court stay its

    ruling releasing Mr. Dassey, DCR.39, but on November 16, that request was denied because the

    Respondent-Appellant had presented no new facts or argument. DCR.41.1. The Respondent-

    Appellant then filed an emergency motion before this Court seeking to stay the district court’s

    order releasing Mr. Dassey, again arguing that it was likely to succeed upon appeal to this Court.

    CAR.19. This Court granted its request on November 17, staying the order to release Mr. Dassey

    only “pending resolution of this appeal.” CAR.22.

    I have gone back to read the Nov 17th order. Yep, that's what it says.

    http://www.stevenaverycase.org/wp-co...ay-Release.pdf

    IT IS ORDERED that the appellantʹs motion to stay is GRANTED. The district courtʹs
    order releasing appellee Brendan Dassey is STAYED pending resolution of this appeal.

    A few things I have read the last day or so... The 7th Circuit rarely grants an en banc hearing (where all sitting judges hear the case), I think as little as 3 or 4 a year. I understand that the sitting judges would vote to see if they will review it en banc, and majority rules. The Supreme Court seems even more unlikely to hear the case, but I don't really know how it works, or how long the process can take, I know it's not quick.

    As for the state... I can't say what I think of their comments in the last few days (including others that are/were connected to the State), I would get in trouble.


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