A federal appeals court is ordering Brendan Dassey to remain in prison.
Dassey’s attorneys asked for the now 27-year-old’s release, after a three-judge panel of the 7th Circuit Court of Appeals voted 2-1 to throw out his murder conviction. That affirmed a ruling issued last summer by a federal judge.
A jury found Dassey guilty of the Halloween 2005 murder of freelance photographer Teresa Halbach.
The state justice department plans to appeal the ruling to the full 7th Circuit, and possibly ask the U.S. Supreme Court to take up the case, if necessary. The state filed a motion on Monday, asking the 7th Circuit to keep Dassey behind bars during that process.
Dassey’s uncle, Steven Avery, is also appealing his conviction for Halbach’s murder.