Brendan Dassey's Habeas Corpus Petition Granted

[Itsmevkb]

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

The decision is 91 pages long.

 

[emmalpage81]

Many thanks. Will have a read.

 

[clarabelle]

: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:

 

[Sinsaint]

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

 

[Sinsaint]

: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:

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

 

[Coldpizza]

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.

 

[missy1974]

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

However, the state courts unreasonably found that the investigators never made
Dassey any promises during the March 1, 2006 interrogation. The investigators
repeatedly claimed to already know what happened on October 31 and assured Dassey
that he had nothing to worry about. These repeated false promises, when considered in
conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits,
and the absence of a supportive adult, rendered Dassey’s confession involuntary under
the Fifth and Fourteenth Amendments. The Wisconsin Court of Appeals’ decision to the
contrary was an unreasonable application of clearly established federal law.

IT IS THEREFORE ORDERED that Brendan Dassey’s petition for a writ of
habeas corpus is GRANTED. The respondent shall release Dassey from custody unless,
within 90 days of the date of this decision, the State initiates proceedings to retry him.
See Jensen v. Schwochert, 2013 U.S. Dist. LEXIS 177420, 55 (E.D. Wis. Dec. 18, 2013). The
Clerk shall enter judgment accordingly

 

[missy1974]

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

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?

 

[SCHMAE]

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.

 

[CoolJ]

Awesome. Justice.
One more to go!

 

[CoolJ]

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?

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

 

[missy1974]

 

[missy1974]

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."

 

[RainCheck]

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

 

[trigger]

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

Thank You Missy1974 !!

 

[Boytwnmom]

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:

But when assessed collectively and cumulatively, as voluntariness must be assessed, it is clear how the investigators’ actions amounted to deceptive interrogation tactics that overbore Dassey’s free will....

Especially when the investigators’ promises, assurances, and threats of negative consequences are assessed in conjunction with Dassey’s age, intellectual deficits, lack of experience in dealing with the police, the absence of a parent, and other relevant personal characteristics, the free will of a reasonable person in Dassey’s position would have been overborne. Once considered in this proper light, the conclusion that Dassey’s statement was involuntary under the totality of the circumstances is not one about which “fairminded jurists could disagree.” See Richter, 562 U.S. at 101 (quoting Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). Consequently, the court finds that the confession Dassey gave to the police on March 1, 2006 was so clearly involuntary in a constitutional sense that the court of appeals’ decision to the contrary was an unreasonable application of clearly established federal law....this case represents the sort of “extreme malfunction[] in the state criminal justice system[]” that federal habeas corpus relief exists to correct.

Having thoroughly reviewed the trial transcript, the court has no difficulty concluding that the admission of Dassey’s confession was not a harmless error. Dassey’s confession was, as a practical matter, the entirety of the case against him on each of the three counts.

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.

 

[missy1974]

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

 

[LifeCitizen]

Just heard the good news!!

SA next.

 

[Sinsaint]

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?

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

 

[trigger]

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

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