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A US APPEAL court has rejected a request by Making A Murderer subject Steven Avery to hold a hearing on fresh evidence he wanted to present for a new trial.
Avery is serving a life sentence for the 2005 killing of photographer Teresa Halbach, a case that became the focus of a popular Netflix series whose creators raised questions about the convictions of Avery and his nephew Brendan Dassey.
Avery’s lawyer Kathleen Zellner asked the court to consider claims ranging from insufficient scientific evidence to ineffective trial counsel. That request had been rejected in 2017 without a hearing and Avery, in his latest appeal, had asked for a hearing or new trial to consider the evidence.
“Avery raises a variety of alternative theories about who killed Halbach and how,” the appeals court said.
But it sided with lawyers for the state Department of Justice who argued the type of motion Avery had filed was not the proper one to retry the case before a jury.
The Wisconsin Court of Appeals concluded that the lower court had correctly denied his request.
“We express no opinion about who committed this crime: the jury has decided this question, and our review is confined to whether the claims before us entitle Avery to an evidentiary hearing,” the appeals court said.
“We conclude that the circuit court did not erroneously exercise its discretion.”
Both Avery and Dassey maintain their innocence.
The case gained national attention in 2015 after Netflix aired Making A Murderer, a multi-part documentary examining Ms Halbach’s death.
The series led to conjecture about the pair’s innocence, but those who worked on the cases accused filmmakers of leaving out key pieces of evidence and presenting a biased view of what happened.
The filmmakers defended their work and supported calls to set Avery and Dassey free.
Dassey was 16 when he confessed to detectives that he had helped his uncle rape and kill Ms Halbach at the Avery family’s salvage yard.
A judge threw out the confession in 2016, ruling it was coerced by investigators using deceptive tactics.
That ruling was later overturned by a federal appeals court and the US Supreme Court declined to hear his case.
Avery has been fighting unsuccessfully for years to have his conviction overturned and to be granted a new trial.
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10 out of 10. (Retrogaming’s my hobby, been a VG nut since the early ’80s)
@The Risen: 7/10 and I’ve been a nut since the 60′s ..
@The Risen: got 10 as well, got one of those retro game consoles for Xmas, spent most of the holiday playing Mario kart
@Logan Shepherd: yeah but have you been a ‘VG nut’ lol I predict we’ll be playing games like Fifa with our minds in the not so distant future.
@Alan Watts: Well I remember buying a Sega Mega Drive for the kids back in the day. After about 4yrs of spending every free minute playing it, I finally gave them a go ..
@Logan Shepherd: 9/10 pokemon one got me now all I get to play is call of duty mobile
@Logan Shepherd: lol for sure, gaming can stimulate you as good as any drug
@The Risen: Heh, same! (Except early 90s for me)
I can’t believe no C64 related questions… meanwhile, Mario gets 2!
@Colm de Cleir: remember how long it took to load… man we had patients back then
@Richard: back then? I feed mine still new releases every now and then ;-)
@8-Bit-Relic: you have a commodore 64 and they have new releases?
@Richard: Yes to both. Hell, the original publishers of Farming Simulator sold the game ad limiter edition for the C64.
There is a C64 database if you want to have first impression how much is still going on in the scene.
@Colm de Cleir: C64 was so late to the party. We need some Zx80/81 questions.
Ha, I got 5/10, was more into programming than playing when I had one. Those slow cassette tape-drives!
10/10 shows maybe my youth was not that misspent after all
You scored 4 out of 10!
What are ewe doing?
Baaaaaad
Pacman was another good game
5/10, spent my youth out playing football and falling out of trees! And im still a young fella ;-)
Sensible Soccer was the business.
9/10 poxy NFL
Out of intrest. Did anyone else enter the competition advertised on joe.ie from the Ferrari experience company to win a new Ferrari. Proceeds were meant to be donated to pieta house. The sham of a draw was done at 7PM tonight. All turned out to be a big scam from a bogus company. A lot of people ripped off thinking they were donating €50 to a worthy cause.
@Damien: Was this like a lot of the other “raffles” doing the rounds on Facebook recently? Buy a ticket to get your hands on a knackered Evo 9?
@Stephen Small: Most of them are legit, r kings and the likes auction off good cars. You buy your ticket, get a number and it’s done then by random number generator. The draw done by the ferrari experience would have been too far fetched to be shown on Fr Ted.
@Damien: Seems to have been a similar concept. 6k tickets, at €50 a pop nets €300k. For a car they’re valuing at €250k. Didn’t see the raffle draw, or know anything about this prior to your post, so was genuinely curious.
10, last one was tricky
@Pauliebhoy: only one I had to make a guess at. Technically it was jumpman as well rather than Mario in Donkey Kong if we’re being pedantic
Gahh… 9/10 had to guess Madden or FIFA..I chose… poorly
8/10 I don’t play fifa or any sports games.
Scorpio, not scorpion
@Pants Machine: wrong
@Pants Machine: Scorpion
@Pants Machine: You’re thinking of the Bond villain in The Simpsons
@Pants Machine: eh no. Scorpion alias Hanzo Hasashi is in Mortal Kombat,you must be getting confused with Scorpio from Gladiators
Only the Pokemon one got me
9/10 – darn it Pac-man let me down :(
7/10
I will take it
7 out of 10. Very very pleased
Actually one of your questions has no right answer. The character in Donkey Kong was actually called Jump Man. It was later that the characyer was renamed Mario for SMB …. ;)
@Philip Tindall: Almost Super Mario Bros came out after Mario Bros
@8-Bit-Relic: doh. You are absolutely right and I was going to type Mario Bros and instead decided to shorten text to SMB forgetting the two are not the same.
8/10
Perfect 10… that was homeground ;-)
9/10 curse you Pac-Man!
9/10. Got the Space Invaders one wrong.
Oh I did enjoy a bit of Zaxxon on the Colecovision
3/10. As expected.
Way too easy
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