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

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BigCityAccountant said:
For those waiting on hearing about whether BD is getting out today, here is the State's response to the request to release BD.

This Court should deny the motion to lift the stay. If, however, this Court chooses to dissolve the stay, the State respectfully requests that any such order not take effect until the en banc court has the full opportunity to rule on a motion by the State to reinstate the stay pending resolution of this appeal.

https://drive.google.com/file/d/0B-APlJawt-6RN0JUdllUMHg1YlU/view

Awaiting the court ruling....:waiting::waiting::waiting:
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I think in the end a lot of powerful people in Wisconsin will be sorry Manitowoc didn't just bit the bullet and endured Steven's lawsuit.

If we get Zellner in front of the United States Supreme Court, this will become an even bigger story than it was - instead of being remembered as a show on cable that was popular in 2016.
 
krkrjx said:
How can the state continue harping on "the conclusion by a Wisconsin jury that Dassey committed heinous crimes..." in each motion they file and every statement they make?

Higher courts have overturned said conclusion; one would think it would be a major insult to those courts for the state to insinuate that an overturned jury's decision speaks louder than the ruling of the 7th Circuit Court of Appeals.
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I agree. There are 3 judges now that have picked that confession (along with some of his others in less detail) apart, they are calling it BS, yet the State can still call him a murderer and rapist? I don't get it.
 
I don't get it either. They use it as a point of contention for not releasing BD from prison as ordered by Duffin, an order which the 7th Circuit has now upheld.

IMO, it makes the state look like desperate fools using his previous conviction as their argument to the courts....the very conviction that has been overturned by the courts.

I see their desperation for what it is but what I don't get is how it can be effective for purposes of the stay. The CoA needs to rule that the state has not shown proof of their claims that BD is a dangerous man. I admit I am impatient but given he has been imprisoned for over a decade we need him freed sooner rather than later.
 
How does this qualify for En Banc hearing? Where is the question of exceptional importance?
 
Karinna said:
How does this qualify for En Banc hearing? Where is the question of exceptional importance?
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I believe it is of exceptional importance! I believe Dassey will prevail. Read LN's twitter post. This is why I think this is of exceptional importance and apparently she does too.

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BigCityAccountant said:
I believe it is of exceptional importance! I believe Dassey will prevail. Read LN's twitter post. This is why I think this is of exceptional importance and apparently she does too.

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Oh definitely i agree with what LN is saying. And i think they needed Brendan's confession to secure their BS against Avery.
My question was more concerning the State and how they qualify for such a hearing, because IMO they don't.
 
I also think Laws need to be enforced that stipulate a minor cannot be interrogated by LE unless they have an attorney representing them or an adult present that is in their corner.
 
Karinna said:
I also think Laws need to be enforced that stipulate a minor cannot be interrogated by LE unless they have an attorney representing them or an adult present that is in their corner.
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I ABSOLUTELY agree with you on that!!!!
 
We have the court's opinion, and we have BD's motion to lift the stay, and we have the state's response to that motion...

Next comes the state's En Banc request (they have 14 days to file).

None of this means the stay could not still be lifted while all the legal processes are hashed out, right?

Am I missing something? Is it already a done deal that the stay will not be lifted during these ongoing filings, etc.? If so, I think I will go have a good cry.
 
krkrjx said:
We have the court's opinion, and we have BD's motion to lift the stay, and we have the state's response to that motion...

Next comes the state's En Banc request (they have 14 days to file).

None of this means the stay could not still be lifted while all the legal processes are hashed out, right?

Am I missing something? Is it already a done deal that the stay will not be lifted during these ongoing filings, etc.? If so, I think I will go have a good cry.
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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?
 
BigCityAccountant said:
I believe it is of exceptional importance! I believe Dassey will prevail. Read LN's twitter post. This is why I think this is of exceptional importance and apparently she does too.

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Although I think it does have some importance, I am not sure it has a legal importance. I have read the decision, they used the existing laws and applied them to Brendan's case. They didn't just do it on a whim, they broke down that interrogation and picked it apart (much like Duffin did). But they used existing laws and case law to do it, they didn't change or make up new one's.

I think the only thing going for the State and their only hope for an en banc hearing is because of Hamilton and him not agreeing with the other 2.
 
Karinna said:
Oh definitely i agree with what LN is saying. And i think they needed Brendan's confession to secure their BS against Avery.
My question was more concerning the State and how they qualify for such a hearing, because IMO they don't.
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Maybe the court will agree and deny their request.
 
BigCityAccountant said:
I ABSOLUTELY agree with you on that!!!!
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If nothing else Brendan should of had a child advocate there when being interrogated until such time an attorney was appointed to him. I don't see how it would be okay otherwise considering BD's difficulties in understanding how the law works, as would any other minor as well i think unless they are well versed in legal processes.
 
krkrjx said:
Maybe the court will agree and deny their request.
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I hope so, because i can't see any qualifiers for an en banc hearing from what i have read about it. It is in fact quite rare for a case to go to an en banc.
 
krkrjx said:
We have the court's opinion, and we have BD's motion to lift the stay, and we have the state's response to that motion...

Next comes the state's En Banc request (they have 14 days to file).

None of this means the stay could not still be lifted while all the legal processes are hashed out, right?

Am I missing something? Is it already a done deal that the stay will not be lifted during these ongoing filings, etc.? If so, I think I will go have a good cry.
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BD's lawyers filed on Friday, the court gave the State until 5pm today to respond, which they did at 4:45pm. I think, but am not sure, that BD's lawyers will get to respond again before the court will make a decision. I don't think it will take long, but I am unsure if it will be all 3 judges that make the decision, or if just 1, or how that works. Would make sense if it was the at least the 3 that heard the appeal and made the decision.

jmo
 
missy1974 said:
BD's lawyers filed on Friday, the court gave the State until 5pm today to respond, which they did at 4:45pm. I think, but am not sure, that BD's lawyers will get to respond again before the court will make a decision. I don't think it will take long, but I am unsure if it will be all 3 judges that make the decision, or if just 1, or how that works. Would make sense if it was the at least the 3 that heard the appeal and made the decision.

jmo
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I would think they uphold the decision they made recently with the 2-1 vote?
 
Duffin overturned the conviction and ordered Dassey released.

State appealed and asked for a stay of the release order until the 7th Circuit CoA ruled.

7th Circuit CoA has ruled: Duffin order is upheld in its entirety.

Let Mr. Dassey out of prison. Two courts have ordered it.
 
krkrjx said:
Duffin overturned the conviction and ordered Dassey released.

State appealed and asked for a stay of the release order until the 7th Circuit CoA ruled.

7th Circuit CoA has ruled: Duffin order is upheld in its entirety.

Let Mr. Dassey out of prison. Two courts have ordered it.
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Exactly. But the state will try and drag this out as long as possible it looks like. Hope they get BD out of there asap because there is no reason to keep him in there IMO.
 
Karinna said:
I would think they uphold the decision they made recently with the 2-1 vote?
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I would think so, IF it's the 3 that just made the decision, but I'm not sure if that's how it works. It might be different judges, or maybe just 1 judge. The 3 that originally stayed the order to release BD back in November, were 3 different judges.
 
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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