The state Department of Justice wants a federal court to keep Brendan Dassey in prison.
The state filed an emergency motion Tuesday, a day after a federal magistrate ordered Dassey’s release. Attorney General Brad Schimel is asking for a decision by this afternoon, although he also plans to appeal the order.
Dassey remains in prison, while he works with probation agents to determine where he could be released.
Dassey and his uncle Steven Avery were convicted in the 2005 murder of photographer Teresa Halbach. His conviction was overturned earlier this summer, after a judge ruled his confession was coerced. The state has already appealed that decision.
The case received renewed scrutiny over the past year, after it was profiled on the Netflix series “Making a Murderer.”
UPDATE: U.S. Magistrate Judge William Duffin on Wednesday denied the state Department of Justice’s motion to keep Dassey in prison, and ordered his released by Friday evening. The state said it plans to file an emergency motion with the U.S. Court of Appeals for the Seventh Circuit to stay the decision.