A little more than a month since the reversal of an order that would have released convicted murderer John Myers from prison, the federal appellate court is allowing Myers to pursue an appeal on different grounds.
John Myers was convicted in 2006 for killing IU student Jill Behrman in 2000.
Marilyn Behrman, Jill’s mother, was told about this decision Thursday, the day that would have been Jill Behrman’s 40th birthday.
“This seemingly never-ending case demonstrates what it is to be a victim,” Marilyn wrote in a Friday Facebook post. “It is never over.”
In September 2019, U.S. District Court Judge James Sweeney granted John Myers a writ of habeas corpus, calling for his release saying Myers received improper council during the trial. On Aug. 4, the Seventh Circuit Court of Appeals ruled against the order.
The appeal would be based on arguments Myers has raised alleging some evidence was withheld from the defense prior to the trial.
An amended opinion by a member of the Seventh Circuit Court of Appeals acknowledged they did not resolve "other, lesser alleged instances of ineffective assistance."
The case will now go back to Judge Sweeney and either party will be able to appeal once again to the 7th Court depending on the decision made, according to Marilyn Behrman’s post.
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