Motion to Stay Appeal and Remand Jan 24/19

Discussion in 'Netflix Series: Making A Murderer' started by missy1974, Feb 27, 2019.

  1. missy1974

    missy1974 Well-Known Member

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    Welcome back everyone!

    Zellner was due to file the appeal on Feb 1st I believe. Instead on January 24th she filed another motion to stay and remand on a new issue.

    https://www.workwithkz.com/media/filings/14/motion-of-stay-of-appeal--filing-2019-01-24_tdbVX2e.pdf

    Undersigned counsel has uncovered the State's violation of Wis. Stat. § 968.2.05 where it failed to (1) preserve certain suspected human bone evidence and (2) notify Mr. Avery and his attorneys of recol·d of its intent to destroy such evidence. Mr. Avery hereby moves for a :remand to the circuit court to conduct proceedings consistent with the claim alleged herein.

    The State responded January 29/19:

    https://www.workwithkz.com/media/filings/14/additional/state-response-2019-01-29.pdf


    Defense replied Feb 1/19 :

    https://www.workwithkz.com/media/filings/14/additional/defendant-reply-2019-02-01.pdf

    Defense Supplemented the motion on Feb 11/19:
    https://www.workwithkz.com/media/fi...endant-supplemental-re-2019-02-11_WJWYWjU.pdf


    Defense again Supplemented the motion on Feb 13/19... this one is good LOL :

    https://www.workwithkz.com/media/fi...endant-supplemental-re-2019-02-13_S5ubT7C.pdf

    One state attorney(Williams) called another state attorney (Fallon)... only problem, he dialed KZ's cell number and left a message intended for Fallon.

    Decision from the CoA's on Feb 25/19:

    https://www.workwithkz.com/media/Feb25_Decision.pdf

    The State has filed an objection to Avery’s remand motion on the ground that it constitutes “a new and separate action” which is unrelated to the orders Avery presently appeals, is unnecessary to the resolution of his pending appeal, and “would result in unnecessary delay and litigation.” The State’s objection points out that this is, in effect, Avery’s third remand request. The State’s objection does not address the merits of Avery’s claimed statutory and constitutional violations, and it has not responded to Avery’s supplemental filings alleging the possible destruction of evidentiary items which, it appears, the parties previously agreed to preserve.

    Zellner must file 14 days from the date on the order, March 11th I believe.
     
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  2. missy1974

    missy1974 Well-Known Member

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  3. missy1974

    missy1974 Well-Known Member

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  4. missy1974

    missy1974 Well-Known Member

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  5. Jaiddie

    Jaiddie Active Member

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    When speaking about the bones turned over to the family, the state's response says,...

    "When these items were inexplicably released to the family their origin remained scientifically undetermined. Under these circumstance there is no bad faith."

    My question is how can they get away with saying the bones were "inexplicably released to the family"since Fallon, himself, was present when the decisions as to what was given to the Halbach's was made back in 2011? Is he saying he can't even explain himself why the bones were given away? And if so how in the world does that help the state? LOL
     
  6. RANCH

    RANCH Well-Known Member

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    What I get from the State using the word "inexplicably" is they are admitting that there is no legitimate reason for giving the bones to the Halbach's but the State wasn't trying to tamper evidence. JMO
     
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  7. missy1974

    missy1974 Well-Known Member

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    Interesting! I read the motion quickly last week when it came out but have been busy. I just don't know how they justify giving the Halbach family remains that they argued were not even human. IMO it's disrespectful and if it was my family member, I would be extremely upset to find this out.
     
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  8. Jaiddie

    Jaiddie Active Member

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    https://static1.squarespace.com/sta...-+Mtn+&+Reply+4.11.1908823620190412110836.pdf

    Zellner's response to the State's "unsolicited" (using KZ terminology there, lol) response. My favorite part:

    "It bears noting that AAG Fallon & SP Gahn, both of whom represent the State in this proceeding, were the State Attorneys who participated in the return of human bones from the Gravel Pit to the Halbach family. They are interested parties & their bad faith is directly at issue in this case. Their protestations and denials are therefore suspect; this Court must discern whether their arguments themselves are made in good faith or in the simple interest of self-preservation."

    Absolutely smacks them both quite good here! LOL :cool::eek::D
     
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  9. missy1974

    missy1974 Well-Known Member

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    I did read something in the State response that made me think, 'wait, wasn't Fallon there?' LOL

    ohhhh.....

    "The upshot of Mr Fallon and Mr. Gahn's arguments it that they reawakened the Halbach family's grief in 2011 to give them animal bones."
     
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  10. Jaiddie

    Jaiddie Active Member

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    Yes, another good point, since the State is FOREVER using the "sympathy for the Halbach's" spin in their attempts to deflect people, but giving the family what thw State wants everyone to believe is just "animal bones" to bury, seriously contradicts all the poignant concern they shower on the victim's family. But, I guess, the sympathy and concern is only when it suits them it would seem.
    :(
     
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