B.C. seeks ban on using drugs in 'all public spaces,' shifting approach to decriminalization
The B.C. government is moving to have drug use banned in 'all public spaces,' marking a major shift in the province's approach to decriminalization.
The Wisconsin Court of Appeals on Wednesday unanimously rejected a request by "Making a Murderer" subject Steven Avery to hold a hearing on new evidence that 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 attorney 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 attorneys for the state Department of Justice who argued the type of motion Avery filed is not the proper one to retry the case before a jury.
The appeals court said because Avery was appealing the lower court's denial of a request for a new trial without holding an evidentiary hearing, the question before the appeals court was simply whether a hearing is warranted. It concluded that the lower court correctly rejected the call for a new trial without a hearing.
"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."
Zellner, Avery's attorney, tweeted that she was not deterred by the ruling.
"It pointed out the specific doors that are still open for Mr. Avery's quest for freedom," Zellner said. "We appreciate the careful review."
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 Halbach's death. The series spawned conjecture about the pair's innocence, but those who worked on the cases accused the 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 he helped his uncle rape and kill 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 U.S. 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.
The B.C. government is moving to have drug use banned in 'all public spaces,' marking a major shift in the province's approach to decriminalization.
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.