Post Conviction Brief

[BigCityAccountant]

[h=1]'Making A Murderer': Steven Avery Won't Get New Trial, Judge Rules[/h]
https://patch.com/illinois/downersgrove/steven-avery-wont-be-getting-out-prison-judge

 

[scaredtopost]

[h=1]'Making A Murderer': Steven Avery Won't Get New Trial, Judge Rules[/h]
https://patch.com/illinois/downersgrove/steven-avery-wont-be-getting-out-prison-judge

Glad I read KZ's response before I posted an outraged WTF reply. I hope the residents governed by those involved in this case are taking notice.

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[dexter75]

[h=1]'Making A Murderer': Steven Avery Won't Get New Trial, Judge Rules[/h]
https://patch.com/illinois/downersgrove/steven-avery-wont-be-getting-out-prison-judge

Heck no!!
Can't have the TRUTH come out...
LOL

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[missy1974]

Glad I read KZ's response before I posted an outraged WTF reply. I hope the residents governed by those involved in this case are taking notice.

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Hey all! I read that something was filed this afternoon while I was at work, but have just had a chance to catch up.

Let's be real here... KZ screwed up LOL And if it wasn't KZ, it was her "local" lawyer... or the other 2 or 3 she has as co-counsel. There is no reason that she shouldn't have filed a notice of intent to file an amended PCB with the agreement she had with the AG and let the judge know that she intended on filing an amended PCB. She now has another hurdle... she has to ask for the decision to be vacated and ask that an amended PCB be allowed to be filed.

When it was mentioned a few weeks ago that she would be filing an amended PCB, I went to the court site to see if anything was filed and it wasn't, so I thought she knew what she was doing... but hey, who am I? LOL

I have to say that I'm disappointed in her at the moment. And don't get me wrong, I still believe that SA was railroaded, I still think it is more likely than not that he didn't kill TH, but I expected more from KZ. I also knew that this wouldn't be over any time soon, and realize this will be a long a$$ road, but she just made it longer when there was no reason for it, if she was doing her job. I have often wondered if she has too much on her plate, she has a lot of cases on the go.

 

[missy1974]

Here is KZ's press release:

https://static1.squarespace.com/sta...+—+Kathleen+Zellner+Press+Release+10.3.17.pdf

 

[scaredtopost]

Hey all! I read that something was filed this afternoon while I was at work, but have just had a chance to catch up.

Let's be real here... KZ screwed up LOL And if it wasn't KZ, it was her "local" lawyer... or the other 2 or 3 she has as co-counsel. There is no reason that she shouldn't have filed a notice of intent to file an amended PCB with the agreement she had with the AG and let the judge know that she intended on filing an amended PCB. She now has another hurdle... she has to ask for the decision to be vacated and ask that an amended PCB be allowed to be filed.

When it was mentioned a few weeks ago that she would be filing an amended PCB, I went to the court site to see if anything was filed and it wasn't, so I thought she knew what she was doing... but hey, who am I? LOL

I have to say that I'm disappointed in her at the moment. And don't get me wrong, I still believe that SA was railroaded, I still think it is more likely than not that he didn't kill TH, but I expected more from KZ. I also knew that this wouldn't be over any time soon, and realize this will be a long a$$ road, but she just made it longer when there was no reason for it, if she was doing her job. I have often wondered if she has too much on her plate, she has a lot of cases on the go.

Definitely agree with your thought here. I'm just surprised (though I really shouldn't be) the judge ruled against him with the evidence obtained thus far. He, at the least, deserves a new trial.
JMO MOO etc

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[Karinna]

This judge was fully aware of KZ's letter to said judge AS about the testing in stages according to KZ's letter to her dated July 14th 2017.
http://media.graytvinc.com/documents/Zellner+letter.pdf

 

[missy1974]

This judge was fully aware of KZ's letter to said judge AS about the testing in stages according to KZ's letter to her dated July 14th 2017.
http://media.graytvinc.com/documents/Zellner+letter.pdf

But she doesn't let the judge know that she is going to be filing an amended post conviction brief with new witnesses and further test results. She says that she has been talking to Fallon about more testing. That letter is almost 3 months old that she sent to the judge/court. The first we heard about an amended PCB was in an uproxx article where she is quoted a few weeks back.

At the very least, I think the judge should have had a hearing first before making a decision and maybe KZ "assumed" she would at least be granted that.

 

[guruagain]

I am just surprised there isn't enough in the brief already to order a new trial.

 

[Karinna]

(quote)
Still Get a New Trial
"I am planning to discuss the situation with the prosecutor from the AG's office on Friday," Zellner writes. "They were also quite surprised by this ruling. Our hope is that we can enter into an agreed order to vacate the order with the AG, because we had agreed to test numerous additional items of evidence – including an examination of the RAV4 to determine if additional evidence could be gathered and tested.… In addition to the forensic tests, we informed the prosecutors in our face to face meeting on September 18, at their offices in Madison, Wisconsin, that we had three significant new witnesses on new Brady violations. Brady violations are the most frequent basis for convictions being vacated."
http://www.rollingstone.com/culture...ow-steven-avery-could-get-a-new-trial-w507080

 

[scaredtopost]

I'll admit I'm a novice on Court proceedings but is there any chance this is part of KZ's plan? If the judge/AG refuse to vacate the current ruling, would she be able to appeal to a higher court???
JMO MOO etc

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[Karinna]

I'll admit I'm a novice on Court proceedings but is there any chance this is part of KZ's plan? If the judge/AG refuse to vacate the current ruling, would she be able to appeal to a higher court???
JMO MOO etc

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It will be interesting to see where this goes, but as KZ has stated in a tweet, the lower court will never make the final decision in SA's case, and there is a reason we have higher courts, (paraphrased).
I think we just have to remember all this legal procedure doesn't just happen quickly, and it might be a couple more years or so until we see the real outcome as things slowly move along. It isn't KZ's first exoneration because she has had quite a few and to an extent knows what to expect. I also remember her stating her longest case to get someone exonerated was 3 years. Guess we just have to be patient with it all. She only took SA's case on recently so still a ways to go. All IMO.

 

[BigCityAccountant]

Kathleen Zellner has filed her motion to vacate the circuit court decision.

https://drive.google.com/file/d/0B-APlJawt-6RMTBIUFBvZWY0ekU/view

 

[BigCityAccountant]

Oh Jaddie....

Your favorite author....

[h=1]'Making A Murderer' Attorney Pushes For Access To Halbach's RAV4[/h]

https://patch.com/illinois/downersgrove/making-murderer-attorney-pushes-access-halbachs-rav4

 

[Karinna]

Very odd the Judge didn't allow for an evidentiary hearing? Wonder if she is allowed to even do what she did, as it doesn't seem to be normal legal procedure from what i am reading?

 

[missy1974]

Very odd the Judge didn't allow for an evidentiary hearing? Wonder if she is allowed to even do what she did, as it doesn't seem to be normal legal procedure from what i am reading?

She is allowed to do it, although it seems it's "odd" to not at least have an evidentiary hearing considering that KZ asked for a boatload of evidence to test and she only had access to a small amount at the point that she filed the PCB, but the laws allow the judge to make a decision without having a hearing. I have read that because it was such a short decision and only addressed some and not all of the issues raised, that it might help down the road. This is just going to delay everything and make it that much harder and it's unfortunate and was avoidable.

The best indication that it's allowed is in KZ's filing on Friday, she is asking for the decision to be vacated pursuant to Wisconsin statute 806.07 (1)(a)

806.07  Relief from judgment or order.

(1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

(a) Mistake, inadvertence, surprise, or excusable neglect;


KZ is admitting she made a mistake.

There is no doubt in my mind that Zellner screwed up with not letting the courts know that her intention was to test more evidence and file an amended PCB. No way do I believe that she planned this and it's part of a bigger plan, but JMO.

 

[Karinna]

She is allowed to do it, although it seems it's "odd" to not at least have an evidentiary hearing considering that KZ asked for a boatload of evidence to test and she only had access to a small amount at the point that she filed the PCB, but the laws allow the judge to make a decision without having a hearing. I have read that because it was such a short decision and only addressed some and not all of the issues raised, that it might help down the road. This is just going to delay everything and make it that much harder and it's unfortunate and was avoidable.

The best indication that it's allowed is in KZ's filing on Friday, she is asking for the decision to be vacated pursuant to Wisconsin statute 806.07 (1)(a)

806.07  Relief from judgment or order.

(1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

(a) Mistake, inadvertence, surprise, or excusable neglect;


KZ is admitting she made a mistake.

There is no doubt in my mind that Zellner screwed up with not letting the courts know that her intention was to test more evidence and file an amended PCB. No way do I believe that she planned this and it's part of a bigger plan, but JMO.

Respectfully, i don't think KZ made any mistake per this article
(quote)
Zellner filed her motion Friday asking the court to vacate Tuesday's surprise ruling that rejected Avery's bid for a new trial, a ruling that wasn't anticipated for many more months
"At the time the order was granted, the parties through Defendant Attorney Kathleen Zellner and Assistant Attorney General Thomas Fallon had an agreement that further testing would take place on certain evidentiary items," Zellner's filing from Friday states. "The parties also had an agreement that the previously filed Motion for Relief would be amended."

In sum, Zellner wants the Wisconsin judge to basically rescind Tuesday's ruling on the grounds that the judge acted in a premature fashion.
https://patch.com/illinois/downersg...murderer-attorney-pushes-access-halbachs-rav4

 

[missy1974]

Respectfully, i don't think KZ made any mistake per this article
(quote)
Zellner filed her motion Friday asking the court to vacate Tuesday's surprise ruling that rejected Avery's bid for a new trial, a ruling that wasn't anticipated for many more months
"At the time the order was granted, the parties through Defendant Attorney Kathleen Zellner and Assistant Attorney General Thomas Fallon had an agreement that further testing would take place on certain evidentiary items," Zellner's filing from Friday states. "The parties also had an agreement that the previously filed Motion for Relief would be amended."

In sum, Zellner wants the Wisconsin judge to basically rescind Tuesday's ruling on the grounds that the judge acted in a premature fashion.
https://patch.com/illinois/downersg...murderer-attorney-pushes-access-halbachs-rav4

I understand what KZ thinks, but at the same time, she admits in her motion to vacate that she (KZ) made a mistake, not that the judge did. The judge didn't have an obligation to hold a hearing if she believed it didn't have merit, neither side asked for a hearing, and if the State and KZ had an agreement, the judge had absolutely no way of knowing that unless KZ or the State let the judge know, and she didn't.

As for not anticipating a ruling... regardless of when she expected the ruling, the moment she had an agreement with the State and knew that she would be filing an amended motion and the State agreed that she could do that, she should have filed it IMO

I'm okay if others think it's part of a bigger plan, I just don't and ultimately the process is going to be a long one anyway, this has just made it longer. I am curious to know if the State is still willing to let KZ do additional testing since there is now a ruling and they really have no obligation to do so. I also read somewhere (in an article) that KZ is still going to file the amended motion even if the judge doesn't vacate the previous decision.

As for the decision, I think it somewhat reflects the bigger picture of the justice system, from what I understand, the judge basically said that all of these issues were brought up previously, but some of them were brought up when SA was representing himself and no lawyer was involved, and it seems so unfair.

 

[Karinna]

I think given the unusual goings on in this case it will definitely be interesting to see how Ms. Zellner plays this and if she can bypass this judge's decision to a higher court?

 

[Karinna]

Seems that the judge's untimely ruling under the circumstances makes it seem as if the state is concerned about what might come out if there was an evidentiary hearing, because as KZ has said, she has never been denied that in any other case. It's almost as if the judge is trying to prevent any other evidence etc. from being heard in court to protect the state's interests in keeping SA incarcerated. As KZ said herself what are they fearful of? If the state believe they got it right in the first place ,why won't they stand behind that and let Ms. Zellner prove her case?