Good news for Brendan Dassey as time is running out for the state to appeal his overturned conviction
They've got one week.
On August 12th, federal Magistrate William Duffin overturned Brendan Dassey's murder conviction. Dassey, the nephew of Steven Avery, who was also convicted of murder in a case made famous by the Netflix series, Making a Murderer, is set to get a new trial or be released from prison.
The prospects of 26-year-old have received another boost due to the terms and regulations that are stipulated in the Federal Rules of Appellate Procedure.
In keeping with this legislation, any appeal of the judge’s decision to overturn a conviction must be filed within 30 days of the order being issued. Using this timeline, the Wisconsin attorney general only has 8 days left to appeal Dassey's innocence.
The state still has the full 90 days to order a retrial, but that’s unlikely given the lack of evidence against Dassey and the media attention surrounding the case.
Steven Avery's lawyer, who doesn't represent Dassey, is still supremely confident that Brendan will be released very soon.
Speaking with WBAY TV, Wisconsin attorney general Brad Schimel had this to say on the issue of time running out to lodge an appeal: “I’m not prepared to make any announcements on that yet. We have made some decisions, but I’m not prepared to announce that right now.”
Regarding Steven Avery's case, Zellner also revealed that she has a new witness that might help his case.