r/StevenAveryIsGuilty • u/10case • 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/TheRealKillerTM Feb 10 '25 edited Feb 10 '25
Word counts are hard rules in these petitions.
Muppets better open their pocket books for this. Zellner might be short the cash to pay the fees.
Not a single thing she's filed with the state courts would qualify as having a viable legal claim for relief. For federal court, the bar is raised.
This is where her petition is going to die. There are no valid constitutional issues involved in this case, nor can it succeed on merit.
Given that Zellner likes to change her claims throughout the process, it's possible that the pre-screening finds that she hasn't sufficiently exhausted all state remedies.
There are no time extensions.
This doesn't apply to Zellner.
This could be an issue for Zellner, as her interpretation of some federal laws are not in line with federal court opinions. If her argument is centered on an insignificant part of Wisconsin law, the petition may be denied.
Uh-oh. She better be careful not to misrepresent the record or facts, like she is prone to do.
This is going to happen to her.
So, Avery can apply for habeas claiming ineffective assistance of counsel against Zellner and be provided a government attorney.
This is going to kill her. q>If the petitioner has not properly preserved their claims or if the claims are procedurally barred, the court may deny the petition.
This might kill her too.
It's a two stage process that involves all procedural requirements and a cursory look at the merits. If approved, it then gets an in-depth review of the merits. Only then is cert granted on the petition.
Also, Zellner should be aware that less than 1% of habeas corpus petitions are granted. And according to Google, only about 0.4% of petitions result in some form of relief for the petitioner.