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01-23-2016 , 06:23 PM
As for the State of Wisconsin having a cap on wrongful convictions and their compensation I am not sure but I know the usual cap according to the innocence project is 50k a year (with inflation since the bill was made) which equals out to be 63k a year now. That is why it was so important to SA and the innocence project to find Government misconduct in the 1985 rape case. They didn't, so SA would have only been entitled to whatever the cap was in that state as a Civil suit against the individuals would have likely been useless.

http://www.innocenceproject.org/case...t/steven-avery
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01-23-2016 , 06:33 PM
Quote:
Originally Posted by fraleyight
As for the State of Wisconsin having a cap on wrongful convictions and their compensation I am not sure but I know the usual cap according to the innocence project is 50k a year (with inflation since the bill was made) which equals out to be 63k a year now. That is why it was so important to SA and the innocence project to find Government misconduct in the 1985 rape case. They didn't, so SA would have only been entitled to whatever the cap was in that state as a Civil suit against the individuals would have likely been useless.

http://www.innocenceproject.org/case...t/steven-avery
They did not find wrong doing because the civil case stopped & then SA settled for $400k & he would only receive the $400k under certain stipulations, 1 being that the state accepts no responsibility in the 1985 case, so in that regard you are correct but many lawyers have argued the fact that if/when SA won his case then the amount would have been much more. What amount I do not know but I'd say it was north of $10mil.
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01-23-2016 , 06:38 PM
Quote:
Originally Posted by smacc25
They did not find wring doing because the civil case stopped & then SA settled for $400k & he would only receive the $400k under certain stipulations, 1 being that the state accepts no responsibility in the 1985 case, so in that regard you are correct but many lawyers have argued the fact that if/when SA won his case then the amount would have been much more. What amount I do not know but I'd say it was north of $10mil.
Someone who is local to the area told me he agreed to settle before he was charged. I don't know if that is true though because the doc painted a different narrative. Either way, I think the innocence project would have benefited from finding government misconduct, I mean those are the cases they want, but none was found before he settled or before that agreement was reached.
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01-23-2016 , 06:42 PM
Hmm I wonder if this show will look only at the facts of the case.

http://imgur.com/v96iXKZ
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01-23-2016 , 06:47 PM
Fraley did he also tell you that MH is not the brother of TH & is in fact her cousin?
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01-23-2016 , 06:48 PM
Quote:
Originally Posted by smacc25
Fraley did he also tell you that MH is not the brother of TH & is in fact her cousin?
It was a she but no.
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01-23-2016 , 06:54 PM
Oh My, Is this the reason y the coroner was barred from the crime scene.

https://www.reddit.com/r/MakingaMurd...etz_describes/

Here's the talkshow it came from
http://audio.vegasallnetradio.com/CO...2016-01-21.mp3

.
#Reasonabledoubt

Last edited by smacc25; 01-23-2016 at 07:05 PM.
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01-23-2016 , 07:02 PM
Quote:
Originally Posted by fraleyight
It was a she but no.
Concerning the Bullet match that you were talking about, here's a report.

https://www.washingtonpost.com/local...902_story.html

Junk science?
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01-23-2016 , 07:05 PM
Quote:
Originally Posted by fraleyight
Someone who is local to the area told me he agreed to settle before he was charged. I don't know if that is true though because the doc painted a different narrative. Either way, I think the innocence project would have benefited from finding government misconduct, I mean those are the cases they want, but none was found before he settled or before that agreement was reached.
There is no way he would have settled at that time outside of necessity - such as having to hire criminal defense attorneys.

His case was gaining momentum and key witnesses were due to testify in the coming few weeks. He had all the leverage at that point and any offer at that time by the defense would have reflected that. Instead, he took an offer well below market value.
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01-23-2016 , 07:08 PM
Quote:
Originally Posted by smacc25
Concerning the Bullet match that you were talking about, here's a report.

https://www.washingtonpost.com/local...902_story.html

Junk science?
J.B. already discussed this in a prior interview. Basically that the bullet was too damaged to be matched to a specific gun.
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01-23-2016 , 07:09 PM
WI judge, diff rulings for diff cases? Is this fair.

https://www.reddit.com/r/MakingaMurd...click_on_link/
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01-23-2016 , 07:12 PM
Quote:
Originally Posted by Oski
J.B. already discussed this in a prior interview. Basically that the bullet was too damaged to be matched to a specific gun.
True Oski but some will never believe Mr J.Buting's admission so I thought I'd post this for Fraley,poorskillz ect.
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01-23-2016 , 07:17 PM
Quote:
Originally Posted by Oski
There is no way he would have settled at that time outside of necessity - such as having to hire criminal defense attorneys.

His case was gaining momentum and key witnesses were due to testify in the coming few weeks. He had all the leverage at that point and any offer at that time by the defense would have reflected that. Instead, he took an offer well below market value.
No way? A poor man who needs money and was not getting much more than 400k anyway? Why do you say there was no way?
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01-23-2016 , 07:17 PM
Busting Kratz balls Ms Zellner or do you know something we don't?

https://twitter.com/zellnerlaw/statu...91204159205377
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01-23-2016 , 07:19 PM
Quote:
Originally Posted by Oski
J.B. already discussed this in a prior interview. Basically that the bullet was too damaged to be matched to a specific gun.
Quote:
Originally Posted by smacc25
True Oski but some will never believe Mr J.Buting's admission so I thought I'd post this for Fraley,poorskillz ect.
it is impossible to match any bullet to any gun. Ballistics is sort of the ugly step son of forensic science.
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01-23-2016 , 07:41 PM
Quote:
Originally Posted by fraleyight
No way? A poor man who needs money and was not getting much more than 400k anyway? Why do you say there was no way?
Well, one reason is because I am a civil litigator who understands how civil cases work.
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01-23-2016 , 07:44 PM
Quote:
Originally Posted by Oski
Well, one reason is because I am a civil litigator who understands how civil cases work.
How would this give you insight to what steven was thinking? He was not getting much more than 400k so why would you assume he would never take that deal before the offer got worse?
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01-23-2016 , 07:45 PM
If Oski is breaking you down on the law just accept it and move on Oski is one of the great minds and posters of the whole forum.

I'm glad he is posting in this thread as his insights are much more informed than the majority of us will ever be.
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01-23-2016 , 07:47 PM
Quote:
Originally Posted by fraleyight
How would this give you insight to what steven was thinking? He was not getting much more than 400k so why would you assume he would never take that deal before the offer got worse?
You have no idea what you are talking about.

http://forumserver.twoplustwo.com/sh...postcount=1069

http://forumserver.twoplustwo.com/sh...postcount=1030
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01-23-2016 , 07:47 PM
I posted earlier itt about Ryan H, here's the link I missed, WARNING-No Proof of these allegations.
http://overthrow.us/ryan-hillegas/ry...ost-recovered/

Last edited by smacc25; 01-23-2016 at 07:52 PM. Reason: opps.
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01-23-2016 , 07:48 PM
Quote:
Originally Posted by Golfing_Stud
If Oski is breaking you down on the law just accept it and move on Oski is one of the great minds and posters of the whole forum.

I'm glad he is posting in this thread as his insights are much more informed than the majority of us will ever be.
+1
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01-23-2016 , 07:50 PM
Quote:
Originally Posted by Golfing_Stud
If Oski is breaking you down on the law just accept it and move on Oski is one of the great minds and posters of the whole forum.

I'm glad he is posting in this thread as his insights are much more informed than the majority of us will ever be.
Quote:
Originally Posted by smacc25
+1
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01-23-2016 , 07:50 PM
Oski, can you tell me what this means.

What Can Be Done to Ensure Fair Compensation In Every State?

By guaranteeing compensation to the wrongfully convicted, a state can take an important step towards ensuring the integrity of its criminal justice system.

• States that do not have compensation statutes must pass them and states that have compensation statutes must reexamine them to ensure they make compensation equally attainable and adequate for the wrongfully convicted.

• Statutes should include either a fixed sum or a range of recovery for each year spent in prison. President George W. Bush endorsed Congress’s recommended amount of up to $50,000 per year, with up to an additional $50,000 for each year spent on death row. Adjusted for inflation, this amount is $63,000.
• In Texas, an even more robust compensation framework is in place, compensating the wrongfully convicted $80,000 per year and an annuity set at the same amount.

• Statutes should include the immediate provision of subsistence funds and access to services critical to a successful return to society, including housing, food, psychological counseling, medical and dental care, job skills training, education, and other relevant assistance needed to foster the successful rebuilding of the lives of the wrongfully convicted.

• Statutes should not contain the provisions noted in the “Common Shortcomings in Existing Legislation” section above.
- See more at: http://www.innocenceproject.org/free....M4QN9fRr.dpuf

http://www.innocenceproject.org/free...ngly-convicted

I take this as 63k a year being the general max offered in wrongful conviction cases.. When there is government misconduct I understand how that would change things but here there was no government misconduct based on the innocence project investigation.
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01-23-2016 , 07:53 PM
Quote:
Originally Posted by fraleyight
Oski, can you tell me what this means.

What Can Be Done to Ensure Fair Compensation In Every State?

By guaranteeing compensation to the wrongfully convicted, a state can take an important step towards ensuring the integrity of its criminal justice system.

• States that do not have compensation statutes must pass them and states that have compensation statutes must reexamine them to ensure they make compensation equally attainable and adequate for the wrongfully convicted.

• Statutes should include either a fixed sum or a range of recovery for each year spent in prison. President George W. Bush endorsed Congress’s recommended amount of up to $50,000 per year, with up to an additional $50,000 for each year spent on death row. Adjusted for inflation, this amount is $63,000.
• In Texas, an even more robust compensation framework is in place, compensating the wrongfully convicted $80,000 per year and an annuity set at the same amount.

• Statutes should include the immediate provision of subsistence funds and access to services critical to a successful return to society, including housing, food, psychological counseling, medical and dental care, job skills training, education, and other relevant assistance needed to foster the successful rebuilding of the lives of the wrongfully convicted.

• Statutes should not contain the provisions noted in the “Common Shortcomings in Existing Legislation” section above.
- See more at: http://www.innocenceproject.org/free....M4QN9fRr.dpuf

http://www.innocenceproject.org/free...ngly-convicted

I take this as 63k a year being the general max offered in wrongful conviction cases.. When there is government misconduct I understand how that would change things but here there was no government misconduct based on the innocence project investigation.
Yes.

The posters in this thread are so smart, they answered that question on the previous page before you even asked it.

Quote:
Originally Posted by capone0
There was a civil suit though. I doubt he would get 32M, but he was likely getting more than 400k.
Quote:
Originally Posted by Melkerson
Is this right? If I remember correctly, they said that the Wisconsin cap was 25K total. The legislature was going to pass a special bill to give him ~450K because it was felt that the existing law had a limit that was outrageously low. When he was accused of the murder, then the initiative to pass the bill came to a halt.

I'm not 100% sure on the above, so perhaps someone else can confirm.

Moreover, the lawsuit was a separate civil matter. Had there been no Halbach murder, he would have gotten the money from the State plus whatever he recovered in the civil suit. I think everyone agrees that if it had gone forward he would not have got 36 million, but getting a few million was certainlly a real possibiliy and may have been significant for the county and those named individually in the suit (depending on whether or not it was covered by insurance, which was not certain).
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01-23-2016 , 07:56 PM
The civil suit was going to be against the officers individually correct?
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