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  1. #16
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    Quote Originally Posted by missy1974 View Post
    When oral arguments are available to listen too, I believe it can be found here:

    http://media.ca7.uscourts.gov/oralArguments/oar.jsp

    The year is : 16
    the number is: 3397

    There is someone on reddit that is there and giving updates, as of about 20 minutes ago, he said that 1 judge had dropped out, leaving only 7 judges now (there was 8, and Brendan would have needed 4 to rule in his favour, with 7, 4 would still be the majority). They were also moving to a larger room, lots of spectators there to listen, all major players were already in the courtroom.
    Thanks for posting up the info. missy. Wow, minus another judge. Good to see such a show of support for Brendan i hope. Prayers going up for Brendan and his brilliant legal team today that Justice prevails.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  2. #17
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    Quote Originally Posted by Karinna View Post
    Thanks for posting up the info. missy. Wow, minus another judge. Good to see such a show of support for Brendan i hope. Prayers going up for Brendan and his brilliant legal team today that Justice prevails.
    I'm not sure the 7 judge thing is confirmed, but only 7 had signed in, and JButing tweeted 7 will hear it... we might not have confirmation of that until the end because as far as I know, no electronics allowed in the court room, twitter has gone dead silent, anyone that is there can't tweet/report until it's over.

    It should have started about 15 minutes ago, and they were allowing 30 minutes for each side, so should be done in 45 minutes, but I won't be surprised if it's about an hour or so from now before we hear from anyone in that was there. (they gave extra time the last time)

  3. #18
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    Quote Originally Posted by missy1974 View Post
    I'm not sure the 7 judge thing is confirmed, but only 7 had signed in, and JButing tweeted 7 will hear it... we might not have confirmation of that until the end because as far as I know, no electronics allowed in the court room, twitter has gone dead silent, anyone that is there can't tweet/report until it's over.

    It should have started about 15 minutes ago, and they were allowing 30 minutes for each side, so should be done in 45 minutes, but I won't be surprised if it's about an hour or so from now before we hear from anyone in that was there. (they gave extra time the last time)
    Thanks for the clarification missy.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  4. #19
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    reporter tweeting...

    https://twitter.com/myrasanchick

    Myra Sanchick‏Verified account @myrasanchick 8m8 minutes ago

    Judges questioning Wi Deputy Solicitor General Luke Berg about Dassey's low IQ , and possible coercion of confession

    Myra Sanchick‏Verified account @myrasanchick 7m7 minutes ago

    Berg maintains Dassey provided details only the murderer would know. Detectives read his rights and said he could leave

    Myra Sanchick‏Verified account @myrasanchick 3m3 minutes ago

    One justice just told Berg the investigators"made her skin crawl" ...so dishonest.


    Wow at the last tweet! That must have been from one of the original judges that heard the case and ruled in BD's favor? I hope not, but I'm guessing it is lol

  5. #20
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    and more tweets...

    https://twitter.com/Angenette5
    Angenette Levy‏Verified account @Angenette5 2m2 minutes ago
    More
    Judge Wood: the investigators made my skin crawl in #Dassey's statement #MakingaMurderer

    https://twitter.com/myrasanchick
    Myra Sanchick‏Verified account @myrasanchick 2m2 minutes ago

    Judicial panel now grills Dassey Atty Laura Nirider. One justice tells her no promise by detectives for confession made

  6. #21
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    Angenette Levy‏Verified account @Angenette5 4m4 minutes ago

    This en banc hearing is very interesting. Nirider says cops should have known Brendan had limitations b/c he couldn't spell some words

    Angenette Levy‏Verified account @Angenette5 2m2 minutes ago

    Judge Sykes says Nirider is asking them to make new law regarding juveniles. Nirider disagrees #MakingAMurderer

    Angenette Levy‏Verified account @Angenette5 2m2 minutes ago

    Judge Wood asking what cops should have done? What should they have known about Brendan's limitations #MakingAMurderer

    Angenette Levy‏Verified account @Angenette5

    Luke Berg back up on rebuttal. One judge takes issue with Fassbender saying "I'm not a cop right now. I'm a father" #MakingAMurderer

    Angenette Levy‏Verified account @Angenette5 41s41 seconds ago
    More
    Berg: SCOTUS has held that minor lies are not coercive. Wood says you say things to an adult differently than a kid

    https://twitter.com/Angenette5

    ETA a few more tweets
    Last edited by missy1974; 09-26-2017 at 12:07 PM.

  7. #22
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    Myra Sanchick‏Verified account @myrasanchick 2m2 minutes ago

    Arguments over. Court will rule on Dassey in the coming weeks or months



    It's over. Will watch for it to be uploaded and will post as soon as I see it or check this link http://media.ca7.uscourts.gov/oralArguments/oar.jsp year: 16 number: 3397

  8. #23
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    http://media.ca7.uscourts.gov/sound/...09_26_2017.mp3


    If anyone has a problem loading that link, it will probably be uploaded here too: http://www.stevenaverycase.org/dasse...eal-documents/

  9. #24
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    I have listened to it... I'm not sure what to think, both sides got tough questions, I have a feeling that most judges probably had their minds made up before the hearing (3 of the 7 judges have already ruled previously and we know what they think already). I wish we had video as well because I have a hard time figuring out who is talking when the judges were asking questions lol I know Judge Wood was asking lots of questions, and she is the one that said that the officers made her skin crawl when watching the video.

    I'm not sure what Judge said it, but one said that what Kachinsky did was indefensible and that Brendan would have been better off without a lawyer, when the State replies with Kachinsky was removed, the just said that the damage was already done.

    Seemed to be a bit of focus on how Brendan would have known some "facts", which Nirider says of course he was following the case, a family member was arrested and charged, it was said to happen on the property where they lived, the family business was affected, etc. (paraphrasing) I will have to go back and read Hamilton's previous dissenting opinion, but it stood out to me that he asked about the shell casings and when they were found in the garage, Nirider told him it was back in November 2005 (would have been a "known fact" by someone close to the family/case), it seemed to me that he might have been expecting a different answer... just stood out to me.

    Oh and within the first few minutes, the State attorney said the officers "nudged the confession out of Dassey", at least a few of the judges made comments ... "he did not", "oh my" "really?" (it was in a PFFT kind of way).

    At some point, Berg replies to a judge saying that the statements in prior interviews with Brendan could be taken in the totality of the circumstances... after which the judge points out that Fassbender says during an earlier interview that they are not acting as officers but as fathers (Sure would have been nice to have the evening of Feb. 27th's interviews recorded from the hotel that they stashed Brendan and Barb in)


    From tweets, Judge Kanne didn't ask any questions and stayed silent through the whole hearing.

  10. #25
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    Haven't listened to it yet, but am about to. Just confirming that it had been uploaded and is available to listen to at Missy's links. I'm glad this stuff became available so quickly.
    Last edited by Saul Vesalot; 09-26-2017 at 02:27 PM.


  11. #26
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    It may have been judge Easterbrook that asked the question about the shell casings, not Hamilton... according to someone that was there, he asked lots of questions. Would explain why I thought he was surprised by the answer, Hamilton should have heard/read this previously, Easterbrook might have been surprised lol IMO the shell casings in the garage... links the shooting in the head in the garage... and why investigators would want to put TH in the garage and steered their questioning that way, Nirider brought up the fact that BD said that it happened outside of the garage first.

  12. #27
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    In the beginning I did notice that Berg was stumbling a lot trying to find the right words to start with~~and one male judge (not sure which one) sort of helped him get out what he was trying to say. He then started to flow more fluently. One or more female judges chided Berg about why they were there as he was starting with stuff like he was at the criminal trial and one of the female judges had to remind him why he was there and to basically focus on the issue at hand.
    Pedant here, please share your sources. TIA

  13. #28
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    Transcript, first 11 minutes.




    Attached Images Attached Images
    Pedant here, please share your sources. TIA

  14. #29
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    Thankyou for posting up the transcript BCA. I agree the hearing was interesting and now we wait again for the outcome.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  15. #30
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    In case anyone is interested, because it was brought up a few times during the hearing and I was googling as I was listening...

    Brumfield vs. Cain https://supreme.justia.com/cases/fed...s/576/13-1433/



    Statute 2254 (d) (1) and (2) - I can't recall at the moment, but while Nirider was arguing, they kept saying (d)(1) or (2) or 1 and 2 ... this is what they are referring too.

    https://www.law.cornell.edu/uscode/text/28/2254

    28 U.S. Code 2254 - State custody; remedies in Federal courts

    (d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—

    (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

    (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

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