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Seventh Circuit Court affirms lower court decision to overturn Dassey's conviction

Posted at 2:38 PM, Jun 22, 2017
and last updated 2017-06-22 23:15:11-04

The Seventh Circuit Court of Appeals has upheld the district court's decision to overturn Brendan Dassey's conviction.

The writ of habeas corpus has been granted unless the state decides to retry Dassey within 90 days of Thursday.

The Wisconsin Department of Justice released a statement in response to the decision made Thursday, saying:

We are evaluating the 2-1 decision from the court. We anticipate seeking review by the entire 7th Circuit or the United States Supreme Court and hope that today’s erroneous decision will be reversed. We continue to send our condolences to the Halbach family as they have to suffer through another attempt by Mr. Dassey to re-litigate his guilty verdict and sentence.

A federal court in Wisconsin overturned Dassey's conviction in August of 2016.

Magistrate Judge William Duffin said in the ruling that investigators made false promises to Dassey by assuring him "he had nothing to worry about."

"These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey's age, intellectual deficits, and the absence of a supportive adult, rendered Dassey's confession involuntary under the Fifth and Fourteenth Amendments," Duffin wrote.

The ruling came after Dassey's appeal was rejected by state courts.

Dassey was serving a life sentence for helping his uncle, Steven Avery, murder Teresa Halbach. The case has gained international attention due to the Netflix documentary "Making a Murderer."

Avery's lawyer Kathleen Zellner took to Twitter Thursday to show her support for Dassey and the decision to uphold overturning his conviction.