Court records show a federal appeals court has denied a motion to release Brendan Dassey while the state of Wisconsin appeals the overturning of his conviction.
Dassey's lawyers filed the response Tuesday, saying the common practice is to grant bond to successful "habeas petitioners", and the state's attempt to to stop that is unwarranted.
The state Department of Justice argued Dassey should remain in prison while it appeals.
During Dassey's interrogation, investigators can be seen feeding him information and leading him to give the answers they were looking for regarding the murder of Teresa Halbach. "If, however, this Court chooses to dissolve the stay, the State respectfully requests that any such order not take effect until the en banc court has the full opportunity to rule on a motion by the State to reinstate the stay pending resolution of this appeal", the state wrote.
His lawyers also said they believe the state is "highly unlikely" to successfully seek reversal of the court's decision to uphold Dassey's overturned conviction.
The ruling states that Dassey's confession to helping his uncle, Steven Avery, rape and kill Halbach was involuntary under the Fifth and Fourteenth Amendments to the U.S. Constitution. Central time deadline today to respond to that request for Dassey's release.
The majority opinion by Judges Ilana Rovner cited, "the leading, the fact-feeding, the false promises, the manipulation of Dassey's desire to please" as grounds to invalidate the confession. Featured in "Making a Murderer" Season 1, the confession he made as a minor led to his sentence in 2007, which was to life in prison.
Dassey's conviction was overturned after a three-judge federal appeals panel ruled that he was coerced into confessing to a crime, upholding a federal magistrate judge's ruling that Dassey's confession had been improperly obtained.
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.
The state appealed that ruling.