If you think this is final for Brendan you are sadly mistaken.
Hi CoolJ, Yes you are right and Brendan does have further options
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Dassey could do several things.
Dassey could file another federal
habeas corpus case. To do so, he must petition the 7th Circuit Court of Appeals for permission. If permission is granted, he could re-file his case with the Federal District Court for the Eastern District of Wisconsin. However, winning permission would be unlikely given the full panel of judges rejected Dassey’s first appeal. In the extremely extreme long shot that the 7th Circuit granted permission, the process would then start all over again in federal district court.
Dassey could also seek to legislatively change the Antiterrorism and Effective Death Penalty Act, which is the current federal statute which lays out the parameters of
habeas corpus law. This would also be extremely, extremely difficult, because Congress would have to agree politically that juvenile confessions — such as Dassey’s — are worthy of additional protection by the federal government. In the current political climate, that seems unlikely.
What if new evidence is found?
This could be the game changer, if it indeed occurs. Again, here, Dassey’s case may be tied to that of his uncle,
Steven Avery. Avery’s post-conviction attorney claims another person really committed the murder of
Teresa Halbach. However, that attorney,
Kathleen Zellner, is not so much pressing for new evidence as she is claiming Avery’s trial attorneys were ineffective. That tactic would be unlikely to help Dassey in a broad legal sense — unless it uncovers new evidence along the way.
We remain waiting to see if Zellner’s endeavors result in enough relevant evidence being uncovered to warrant an exoneration.
After Supreme Court Rejection, Here Are Brendan Dassey’s Options