Brendan Dassey's Habeas Corpus Petition Granted

Discussion in 'Netflix Series: Making A Murderer' started by Itsmevkb, Aug 12, 2016.

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  1. Itsmevkb

    Itsmevkb Member

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    Although granted, the state can and most likely will re-try him.

    The decision is 91 pages long.
     

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  3. emmalpage81

    emmalpage81 Active Member

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    Many thanks. Will have a read.
     
  4. clarabelle

    clarabelle New Member

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    :cheer:Wonderful news! Very insightful decision from the judge. Thank you for posting the link.

    I can't imagine they would try him again since all the evidence centered around his "confession" which would now be inadmissible. It's appalling how they took advantage of this child during their investigation. Plus these convictions have gotten so much attention from the Netflix series.

    Hopefully this will open the door for Steven Avery's appeal to overturn his conviction since the major evidence was Dassey's "confession".

    :judge:
     
  5. Sinsaint

    Sinsaint Member

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    This is fantastic news. I'm so happy for him!
     
  6. Sinsaint

    Sinsaint Member

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    Won't help Avery. Dassey's confession was not used against him during his trial.
     
  7. Coldpizza

    Coldpizza WS Administrator Staff Member Administrator Moderator

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    Judge Overturns Conviction for 'Making a Murderer' Subject Brendan Dassey

    A federal judge in Milwaukee has overturned the conviction of Brendan Dassey, the young man whose case was one of two documented in the Netflix series “Making a Murderer."
    Dassey's attorney Steve Drizin with Northwestern University’s Center on Wrongful Convictions of Youth confirmed the news, saying the judge handed down a 91-page decision.

    "I am just beyond excited," Drizin said. "I had to pick myself up off the floor."
    The ruling means Dassey could go free in 90 days if the state does not refile.

    Drizin said the state could appeal the decision, however, which would put Dassey's release on hold.
     
  8. missy1974

    missy1974 Well-Known Member

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    Here are the last 2 paragraphs! What a sweet day for Brendan!!!

     
  9. missy1974

    missy1974 Well-Known Member

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    It could help SA. I have always thought that one of the reasons they went after Brendan in the first place was because he was with SA that night... with him NOT killing TH. If they can't use his confessions, could he be used as a witness now for SA?
     
  10. SCHMAE

    SCHMAE Well-Known Member

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    Holy Macaroni! I'm very pleased with this. I fear it's probably a little too little, little too late . Brendan's been institutionalized for so long now , I don't know what kind of a life he can have.
    It's so surprising. I thought the odds of him even getting a new trial were low. I never considered this.
     
  11. CoolJ

    CoolJ Well-Known Member

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    Awesome. Justice.
    One more to go!
     
  12. CoolJ

    CoolJ Well-Known Member

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    Oh 100% it will help Avery. The corruption is coming to light. The truth always shines through in the end!
     
  13. missy1974

    missy1974 Well-Known Member

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  14. missy1974

    missy1974 Well-Known Member

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    http://www.people.com/article/brend...viction-for-teresa-halbachs-murder-overturned

    Kathleen Zellner, Avery's new attorney, tells PEOPLE "we are thrilled for Brendan Dassey that his conviction has been overturned," adding "we fully expected this outcome from an unbiased court that carefully examined his confession."

    According to Zellner, she was just visiting with Avery who "is so happy for Brendan. We know when an unbiased court reviews all of the new evidence we have, Steven will have his conviction overturned as well."
     
  15. RainCheck

    RainCheck New Member

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    This is wonderful news! I've always felt Brendan was innocent. I'm not so sure about SA though...
     
  16. trigger

    trigger Well-Known Member

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    Thank You Missy1974 !!
     
  17. Boytwnmom

    Boytwnmom Verified Attorney

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    Thanks for posting. I doubt they will re-try him. As the court noted the confession was the primary evidence for all three counts.

    The confession is out-involuntary and unconstitutional. Without that, they really have nothing.

    Definitive excerpts:

    I was always appalled at the tactics of the investigators and even more so by the actions of the lawyer who was dismissed and his investigator. I think the court here made the right call on the constitutional issue. And the state will hopefully accept this decision and not file to retry to keep him in prison. I don't see any way they could do so in good faith since the entirety oft heir case was the confession.
     
  18. missy1974

    missy1974 Well-Known Member

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    Thanks boytwnmom :)

    I can't think of a single piece of evidence they had against Brendan, other than his "confession". Not even planted DNA lol
     
  19. LifeCitizen

    LifeCitizen New Member

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    Just heard the good news!!

    SA next.
     
  20. Sinsaint

    Sinsaint Member

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    In the event Avery is granted a retrial, yes. But this will not help with his appeal.
     
  21. trigger

    trigger Well-Known Member

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    Yup corruption is coming to light! I hope they are ALL @@@tting in their pants!
     
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