Dassey defense: State's request to hold Dassey is "not warranted"

CHICAGO (WBAY) - Defense attorneys for Brendan Dassey have filed a response to the state's motion that seeks to keep Dassey in prison.

State prosecutors filed a motion Monday saying they would be asking the full 7th Circuit Court of Appeals to hear Dassey's case, rather than just the panel of three judges which ruled in favor of overturning Dassey's conviction.

Dassey and his uncle Steven Avery are serving life prison sentences for the 2005 rape and murder of Teresa Halbach.

In Tuesday's filing, Dassey's attorneys call the state's effort an "extraordinary step" to try to prevent "releasing an unconstitutionally incarcerated man, despite two written opinions [overturning his conviction] while the State prepares, files, and litigates a petition for rehearing en banc [which] may require many months to resolve."

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."

Read the defense response here (PDF format).

This is a BREAKING NEWS story. This report will be updated.

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