Dassey v. Dittmann, No. 16-3397 (7th Cir. 2017)Annotate this Case
Halbach disappeared in 2005. Her family contacted police. Officers focused on Avery Auto Salvage in Two Rivers, Wisconsin, the last place she was known to have visited. Avery, who lived on the property, had called Auto Trader magazine, for whom Halbach worked, to request that she photograph a minivan that he wished to sell. The police suspected that Avery’s 16‐year‐old nephew, Dassey, who also lived on the property, might have information about Halbach and called Dassey into the police station. After many hours of interrogation over several days, Dassey confessed that he, with Avery, had raped and murdered Halbach and burned her body. Before trial, Dassey recanted. There was no physical evidence linking him to the crime. He was convicted and sentenced to life in prison. After unsuccessful state appeals and post‐conviction proceedings, Dassey sought federal habeas relief, claiming that he did not receive effective assistance of counsel and that his confession was not voluntary. The Seventh Circuit initially affirmed the district court in granting relief. On rehearing, en banc, the Seventh Circuit reversed, citing the deferential standards of 28 U.S.C. 2254(d). The state courts’ finding that Dassey’s confession was voluntary was not beyond fair debate, but was reasonable.
This opinion or order relates to an opinion or order originally issued on June 22, 2017.