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Dassey's attorney argues full appeals court shouldn't take up case

CHICAGO (WLUK) -- Brendan Dassey's attorney says a request to have the entire Seventh Circuit of Appeals hear his case should be denied.

Last month, federal judges in Chicago ruled 2-1 to uphold the decision vacating his conviction for the 2005 murder of Teresa Halbach. However, state prosecutors are asking the full court to review the decision.

Following the state's request, a tribunal said Dassey should remain in prisonwhile the full court decides whether to take up the case.

"No circuit splits or questions of exceptional importance have been identified that would justify the extraordinary step of rehearing such a fact-bound case," attorney Laura Nirider argued in a letter to the court. Read Dassey's response here.

Prosecutors said they were not surprised by the arguments made by Dassey's attorney.

"We are not allowed to file a reply, so now we simply wait for the court to rule," Luke Berg, Deputy Solicitor General for the Wisconsin Department of Justice, wrote in an email. "They usually decide in about a month."

Dassey's case gained national attention with the 2015 release of the Netflix series "Making A Murderer," which casts doubt on his conviction in the case. Both Dassey and his uncle Steven Avery are serving life sentences in prison for their roles in Halbach's murder. They were convicted in separate trials in 2007.

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