Wisconsin AG appeals ruling on ‘Making a Murderer’ nephew
Variety is reporting that Wisconsin has made a decision to appeal Brendan Dassey’s overturned conviction, meaning the Making A Murderer subject might not go free anytime soon.
The then 16-year-old was jailed for 41 years for first-degree murder, second-degree sexual assault and mutilation of a corpse alongside his uncle Steven Avery.
Today, Attorney General Brad Schimel, on behalf of Warden Michael Dittmann and the State of Wisconsin, filed a notice of appeal in the United States District Court for the Eastern District of Wisconsin in Dassey v. Dittmann. The case gained national attention following the release of the Netflix docu-series “Making A Murderer”.
Brendan Dassey will not get out of prison, despite a federal judge throwing out his conviction. if prosecutors have their way.
Essentially, the appeal process could keep Dassey imprisoned far longer than the 90 days originally set out by the overturned conviction, and it’s possible a different judge could substantially disagree with the original decision.
The state instead chose to appeal the decision.
Dassey, 26, was a teen when he was convicted in 2007, along with his uncle Steven Avery, of murdering Halbach in 2005. In order for habeus corpus relief to be granted, “a state court’s decision must be not merely wrong but so wrong that no reasonable judge could have reached that decision”.
“We look forward to continuing to defend his rights in court”, Nirider said. “Like Brendan, we remain grateful to his many supporters for their continued loyalty and strength”. The 10-part show followed him and his uncle Avery’s first conviction, which landed him in prison for 18 years until he was exonerated.
Last month, a Milwaukee judge overturned the conviction, citing Dassey’s age, learning disabilities, and the absence of a supportive adult as to what rendered his confession involuntary.