Wisconsin Attorney General Brad Schimel filed a response Thursday to the motion filed by Steven Avery's attorney Kathleen Zellner on Aug. 26 to hold Avery's appeal.
Schimel argues if the case is put on hold, it should be returned to circuit court.
An excerpt from the motion reads:
"Avery's motion is silent with respect to whether he is asking this Court to return the record to the circuit court. Because the circuit court cannot properly assess Avery's post-conviction discovery motion without the record, the State requests that, if this Court grants Avery's stay motion, it order that the record be returned to the circuit court."
Zellner also filed a motion today to substitute a local attorney to join the Avery case.