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Habeas Corpus Appeal – Lack of Precedent

By: Derek Hawkins//December 13, 2017//

Habeas Corpus Appeal – Lack of Precedent

By: Derek Hawkins//December 13, 2017//

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7th Circuit Court of Appeals

Case Name: Brendan Dassey v. Michael A. Dittmann

Case No.: 16-3397

Officials: WOOD, Chief Judge, and EASTERBROOK, KANNE, ROVNER, WILLIAMS, SYKES, and HAMILTON, Circuit Judges.

Focus: Habeas Corpus Appeal – Lack of Precedent

Petitioner Brendan Dassey confessed on videotape to participating in the 2005 rape and murder of Teresa Halbach and the mutilation of her corpse. The Wisconsin state courts upheld Dassey’s convictions for these crimes, finding that his confession was voluntary and could be used against him. The principal issue in this habeas corpus appeal is whether that finding was based on an unreasonable application of Supreme Court precedent or an unreasonable view of the facts. See 28 U.S.C. § 2254(d).

Given the state courts’ reasonable findings of fact and the absence of clearly established Supreme Court precedent that compels relief for Dassey, the district court’s grant of habeas relief is REVERSED. The case is REMANDED to the district court with instructions to dismiss the petition.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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