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

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missy1974 said:
I hope they let BD out too, but I have a feeling they won't and I am sure the State will wait until the 14th day to file for en banc... they will wait for the max time to everything at this point just to prolong the inevitable. They also have the option of retrying Brendan in 90 days... would love to see that criminal complaint without the confession now, it would be blank.

Maybe the 7th Circuit will surprise us and let him out :)
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Yeah i guess we will just have to wait and see yet again. I wonder if the state does decide to retry BD will it have to go before a Grand Jury hearing to see if the State has enough to take it to another trial? Otherwise it would just be a waste of taxpayer money if they got nothing.
 
I was wondering the same things, Karinna. Would they be able to get an indictment to re-charge Dassey, or would they not need one?
 
krkrjx said:
I was wondering the same things, Karinna. Would they be able to get an indictment to re-charge Dassey, or would they not need one?
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Yes i don't know either, but would imagine so if that's how legal proceedings work. And it wouldn't i imagine be a retrial of old evidence because i don't think they can use anything from before, aside from the fact there is nothing else except BD's coerced confession, but would have to come up with something new probably.
Wish there was a lawyer who could explain it to us, :)
 
BigCityAccountant said:
I ABSOLUTELY agree with you on that!!!!
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I agree with you both! The only thing that gives me pause is what if the lawyer were someone as unscrupulous as Len Kachinsky? I don't think he would have stopped the coerced confession even if he'd been sitting there in the same room. It was obvious who he thought his client really was, and it sure wasn't unlucky Brendan.
 
Apparently BD's lawyers will be filing a reply by 5pm today.

Someone on reddit posted that this is now on the file:

After telephonic consultation with the Clerk’ s Office for the Seventh Circuit, Petitioner-Appellee hereby informs the Court of his intention to file a reply in support of his motion to lift the stay of the district court’s order releasing petitioner on recognizance by Tuesday, June 27, 2017, at 5:00 p.m.


I'm not sure where to go look and don't have the time to figure it out right now, will look later :) Have a great day everyone!
 
Karinna said:
Wasn't it determined that the 7th circuit demanded that BD be released from prison by 5pm. Monday? What will happen with that i wonder?
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I believe that 5 PM Monday was for the state to respond to the Motion to lift the stay. I believe that after that, the CoA would decide whether there was legal reason to keep Dassey in prison. For that, it seems to me the state would have had to provide proof of his danger to society if freed; from what I have read, they used the guilty verdict of the Wisconsin jury as their proof.

But that verdict has been kicked to the curb by higher courts. I believe the CoA should rule that the state has not proven their case for keeping the stay in place.

At some point, laws that are in place to protect us all must also be applied to Brendan Dassey. He has been ordered released; state can choose to retry but in the meantime he is once again "innocent until proven guilty."

I am waiting to hear some great news today.
 
IDK said:
I agree with you both! The only thing that gives me pause is what if the lawyer were someone as unscrupulous as Len Kachinsky? I don't think he would have stopped the coerced confession even if he'd been sitting there in the same room. It was obvious who he thought his client really was, and it sure wasn't unlucky Brendan.
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I think they need some kind of commission to investigate corruption in the state of Wisconsin after this fiasco. And god knows what else they would uncover as well.
 
I think it is extremely unfair and should be illegal for one side to go judge shopping. They want to take the same rhetoric to one judge after another until they get a ruling they like.

Reminds me of drug abusers who doctor shop...
 
Response to State filed today:

https://drive.google.com/file/d/0B-APlJawt-6RQmVuRk1ZaUw3cWs/view



This Court’s majority decision amounted to a straightforward, fact-specific application of

settled law to largely undisputed facts captured on videotape. It was appropriately based on the

state court’s unreasonable failure to apply long-held, clearly established U.S. Supreme Court law

requiring special caution when evaluating juvenile confessions, as well as its unreasonable

factual errors.​


BBM above. THIS is why I don't think the en banc hearing will be granted, or the Supreme Court will hear it. They applied existing laws. JMO


At the end of the response:

To date, Brendan Dassey has spent 4,137 days in prison in violation of the Constitution of the United States. He respectfully asks this Court to lift its stay and issue such orders as are necessary to facilitate his immediate release.​
 
I am beginning to fear for his safety after (or before?) he is released. I don't like thinking that way but holey moley look at all that has gone down!
 
Karinna said:
I think they need some kind of commission to investigate corruption in the state of Wisconsin after this fiasco. And god knows what else they would uncover as well.
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:silenced:
 
BigCityAccountant said:
They've denied Brendan's request to lift the Stay. :banghead: :( :mad: :mad:

https://drive.google.com/file/d/0B-APlJawt-6RZmlCdDIwQTFWQjQ/view
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Okay so it looks like the 7th. circuit is waiting for the state to see if they file for en banc within 14 days, and then the 7th circuit will have to respond to that within 14 days, so another month if the state files en banc? And then there will be that determination made if it qualifies for en banc or gets denied.
If it gets denied to be heard en banc then the state will try at SCOTUS i would imagine, if they are going to exhaust all avenues?
It might still be a while i think.
 
The state has until July 5th. to file petition to ask for full 7th. circuit court for a rehearing, (en banc), according to JB's tweet.
[video=twitter;880173593824567296]https://twitter.com/JButing/status/880173593824567296[/video]
 
Karinna said:
Okay so it looks like the 7th. circuit is waiting for the state to see if they file for en banc within 14 days, and then the 7th circuit will have to respond to that within 14 days, so another month if the state files en banc? And then there will be that determination made if it qualifies for en banc or gets denied.
If it gets denied to be heard en banc then the state will try at SCOTUS i would imagine, if they are going to exhaust all avenues?
It might still be a while i think.
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Most likely, it will be a year or more.
 
krkrjx said:
Most likely, it will be a year or more.
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Yeah could be? He has already been incarcerated 10+ yrs. so what's another 1-2, while the state plays their little tit for tat games, :furious:
We can only hope one day judgement will be upon them because that is what they deserve.
 
https://livestream.com/accounts/18968940/events/7055388/videos/159163345

I found this recent interview between the silver fox Aaron Keller and John Ferak talking about, among other things about these two cases, the fact of the 7th Circuit Court of Appeals ruling in BD's favor. I wanted to post it here for others to watch because I found it very interesting considering who both these men are. JF is very familiar with the local area (and, of course, my favorite reporter ;) ) as that is where he is from and AK was the journalist who went on to get a law degree because of these cases and how they were conducted affected him so dramatically. I found it especially enlightening when JF talks about the closer one gets to Manitowoc, that city officials and LE officials go out of their way to stifle discussion about these two cases and their outcomes,and just try to keep up the status quo with the local public. Anyway, enjoy. :discuss:
 
"Making A Murderer": State petitions full appeals court to hear Dassey case
(quote)
The state says the full appeals court should rehear the arguments based on "two reasons":

The state says, "The panel majority has rewritten the rules for juvenile interrogations, in multiple 'significant' ways." The state claims the panel's majority opinion conflicts with Supreme Court and other appeals court findings.

The state says "the panel majority also 'departed from a string of habeas decisions involving confessions by juveniles who were denied relief despite being subjected to far great pressures than Dassey was."
http://www.wbay.com/content/news/Ma...eals-court-to-hear-Dassey-case-432701163.html

Can you believe this, wow. So the State is telling the federal judges they screwed up and the state knows the law better than the Federal circuit court. What an insult to the feds.
Did the state just shoot themselves in the foot with this nonsense. And they want an En Banc hearing after insulting the 7th. circuit court judges? Oh yeah good luck with that state of WI. What pure arrogance.
 
BBM
Karinna said:
"Making A Murderer": State petitions full appeals court to hear Dassey case
(quote)
The state says the full appeals court should rehear the arguments based on "two reasons":

The state says, "The panel majority has rewritten the rules for juvenile interrogations, in multiple 'significant' ways." The state claims the panel's majority opinion conflicts with Supreme Court and other appeals court findings.

The state says "the panel majority also 'departed from a string of habeas decisions involving confessions by juveniles who were denied relief despite being subjected to far great pressures than Dassey was."
http://www.wbay.com/content/news/Ma...eals-court-to-hear-Dassey-case-432701163.html

Can you believe this, wow. So the State is telling the federal judges they screwed up and the state knows the law better than the Federal circuit court. What an insult to the feds.
Did the state just shoot themselves in the foot with this nonsense. And they want an En Banc hearing after insulting the 7th. circuit court judges? Oh yeah good luck with that state of WI. What pure arrogance.
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It really is extraordinary the lengths those in charge of making certain justice prevails, will go to, to assure that justice remains in question.

With the doubt stirring around this case, why not just go for another trial, and satisfy the issue?

I wonder if the 7th circuit will grant the request for an en banc review--but if they do, it will be interesting to see how eleven judges view Dassey's confession as opposed to just three.

Maybe this is wishful thinking, but I hope it's 10 to 1 in favor of Dassey's appeal. I'd love to see a landslide for this kid.

Dassey is my hero in all this. He is as innocent as it gets.

This article was interesting. http://www.postcrescent.com/story/n...eventh-circuit-brendan-dassey-case/452477001/

"The opinion warrants en banc review both because it conflicts with decisions of this Court and other courts of appeals, and because it will leave law enforcement 'scratching their heads' over how to conduct interrogations."

Maybe the answer is to conduct interrogations in the interest of actual justice, rather than an eye on a certain conviction that is had, regardless of who really committed the crime at hand. This might be a good place to start in any interrogation process...
 
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