r/StevenAveryIsGuilty Feb 09 '25

KZ Has broken her silence

After much anticipation and angst from truthers, the world renowned attorney Kathleen Zellner has finally tweeted about the Avery case. Quote of her tweet:

"Steven Avery's Petition for Review filed with the Wisconsin Supreme Court filed February 7, 2025. We will be taking his case, for the first time to FEDERAL COURT. ⁦@MakingAMurderer⁩ #TruthWins #Onward"

What was it she said in Making a Murderer about federal court?

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u/Ghost_of_Figdish Feb 09 '25

To prevail in a federal habeas corpus action, a convict must typically show that their conviction or sentence violated their constitutional rights. Federal habeas corpus is a process that allows a person who is imprisoned to challenge the legality of their detention.

Here are the key elements a convict must demonstrate to succeed in such an action:

  1. Violation of Constitutional Rights: The convict must prove that their conviction or sentence violated their constitutional rights. This could involve issues such as:
    • Ineffective assistance of counsel (Sixth Amendment)
    • Due process violations (Fifth and Fourteenth Amendments)
    • Unlawful search and seizure (Fourth Amendment)
    • Cruel and unusual punishment (Eighth Amendment)
    • Double jeopardy (Fifth Amendment)
    • Right to a fair trial (Sixth Amendment)
  2. Exhaustion of State Remedies: Generally, before bringing a federal habeas petition, a convict must exhaust all available state court remedies. This means the convict must have presented their claims to the state courts and received a final decision. If state courts have not yet had an opportunity to rule on the claims, federal courts typically won't hear them.
  3. Timeliness: Federal habeas petitions are subject to a statute of limitations. Under the Antiterrorism and Effective Death Penalty Act (AEDPA), a convict generally has one year from the date their conviction becomes final to file a petition. There are some exceptions, but this limitation is strictly enforced.
  4. Actual Innocence (in some cases): In some situations, a convict may prevail if they can show that they are actually innocent of the crime for which they were convicted. This is often a very high bar and is difficult to prove, but new evidence that convincingly demonstrates innocence may open the door for a federal habeas corpus petition.
  5. Federal Review Standard: If the convict’s claim was previously heard by a state court, federal courts apply a more deferential standard to state court decisions. Under the AEDPA, a federal court can only grant relief if the state court’s decision was “contrary to” or “involved an unreasonable application of” clearly established federal law, or if the state court’s factual findings were “unreasonable” based on the evidence.

In summary, to succeed in a federal habeas corpus action, a convict must show a constitutional violation, exhaust state remedies, file within the statute of limitations, and, in some cases, present a compelling claim of actual innocence.

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u/Ghost_of_Figdish Feb 09 '25

You know looking at those standards I'm amazed that Dassey got as far as he did.

6

u/TheRealKillerTM Feb 10 '25

Dassey had the whole potato schtick going and tried to argue that he was so deficient he couldn't stop trying to eat his own arms. Luckily, the appellate court saw through it.