The judge overturned his conviction, ruling that he should be released or retried, but the Justice Department appealed the verdict, meaning Dassey remained in prison.
Dassey's attorneys last Friday filed paperwork seeking his release from prison based on a Seventh Circuit Court of Appeals decision in Dassey's favor.
Dassey's lawyers go on to say, "Indeed, the State can no longer credibly argue that it is "likely to succeed on appeal". when it has not prevailed against a habeas petitioner in either the district court or the court of appeals but files a petition for en banc rehearing nonetheless".
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Dassey has been incarcerated since his conviction in state court over the murder of freelance photographer Teresa Halbach in northeastern Wisconsin in October 2005.
In Tuesday's filing, Dassey's attorneys called the state's effort to block Dassey's release an "extraordinary step". Prosecutor Ken Kratz wrote in his book "Avery" that Dassey was "a shuffling, mumbling young man with bad skin and broken-bowl haircut" who could have rescued Halbach but instead involved himself in her rape and murder. Central time deadline today to respond to that request for Dassey's release. Avery was sentenced to life as well in a separate trial.
Dassey's lawyers are from the Center on Wrongful Convictions of Youth at Northwestern University.
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They said Dassey's confession to murdering Teresa Halbach was coerced and inadmissible. "Respect for the en banc (and possible Supreme Court) process, the Motions Panel's well-considered stay decision, the powerful dissenting opinion from the Merits Panel's holding, and the conclusion by a Wisconsin jury that Dassey committed heinous crimes all strongly militate against lifting the stay", the state wrote.
The documentary recounted how Avery was convicted of an earlier, unrelated rape and sent to prison in 1985, serving 18 years before DNA evidence exonerated him and he was released.
Brendan Dassey is pictured in this undated booking photo obtained by Reuters Jan. 29, 2016.
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