Making a Murderer's Steven Avery Waits on Ruling, Hearing, Anything from Corrupt Circuit Judge

Update: Sheboygan County Judge Angela W. Sutkiewicz (substituting) reached a result adverse to Steven Avery in State v. Steven A. Avery, Appeal Number 2017AP002288 long ago. But Sutkiewicz works backwards. Result first, then draft an order and opinion to support the position of corrupt Wisconsin law enforcement, an opinion that will fly in appellate court to some extent.

Sutkiewicz is working on drafting and an adverse ruling that will sabotage and work against the wrongfully convicted Steven Avery.

It's how it is here.

From Kathleen Zellner, wrongful conviction attorney:

The lower court is facing the impossible task of constructing an adverse ruling that will not be reversed by the higher court. The facts & clearcut laws will be the wrecking ball of this house of cards. Time to do the right thing for Steven Avery. #JusticeNow #MakingAMurderer https://t.co/QpEoWrt6vY

— Kathleen Zellner (@ZellnerLaw) May 30, 2019

The dreadful Kafka could not have imagined Wisconsin law enforcement and Judge Angela W. Sutkiewicz.

Madison, Wisconsin — Wrongfully convicted Steven Avery, is awaiting a state circuit court ruling on his motion for an evidentiary hearing, and a new trial.

A website, Work with KZ, (for Avery's wrongful conviction attorney, Kathleen Zellner) maintains the site for the press, public and those interested in this particular state crucifixion.

The post, Awaiting ruling from Circuit Court, is reproduced below:

Awaiting ruling from Circuit Court

The Court has 90 days from the date the motion was filed with the Circuit Court if the response and reply are NOT considered. (June 9 - or the 10th, since the 9th is a Sunday).

Kathleen's most recent filing implies that the Court did not ask for the State's response.  We will have to wait for the Court to say whether or not the response and subsequent reply will be considered.

IF THE RESPONSE AND REPLY ARE ACCEPTED, the 90 days starts from the date Kathleen filed her reply, which would put the due date at July 10.

This is what we expect:

If the court grants the motion and says Steven gets an evidentiary hearing, the State cannot appeal that decision.

 If they have a hearing and the resulting order is for a new trial to happen, the State will appeal that decision.

If they have a hearing and the resulting order is that a new trial is denied, Kathleen will add it to her appellant brief.

If the court denies the motion and says Steven cannot have an evidentiary hearing, Kathleen will add it to her appellant brief.

So, either way, it's going back to the Court of Appeals.

Here's the info on responses FYI:

Can the State respond?

1. The court can deny the motion without a response from the State.

2. The court can grant a hearing without a response from the State.

3. The court cannot grant the motion without a response from the State. (If the judge asks the State for a response, that means she's probably considering granting the motion.)

4. The State can respond regardless but the judge doesn't have to consider their response if she didn't ask for one.

* If she asks the State for a response, she will dictate how long they have to respond.

For those of you who are interested, here is the Wisconsin Statute that says what the required procedure is for the court: Click Here.