According to court documents obtained by our Scripps sister station, WTMJ, attorneys for Brendan Dassey are asking for a judge to set him free.
The request comes a month after a federal judge overturned Dassey's murder conviction.
Wisconsin Attorney General Brad Schimel says the state will appeal the judge's ruling.
Avi Berk, a legal analyst for NBC26 tells us a situation like this is very unique.
"The grant of habeas corpus is very rare, this is an unusual request," said Berk.
Dassey was a teenager when he was found guilty of helping his uncle, Steven Avery, kill Teresa Halbach.
A judge ruled that Dassey's confession was unconstitutional.
In the motion for release request, Dassey's attorney is asking for his release saying he had "no criminal record prior to his arrest" and "injury inflicted on Dassey by further detention is irreparable."
"One of the factors sited by his attorney is that the prosecution hasn't really shown a likelihood of success on the appeal," said Berk.
The request sites several reasons for Dassey's release including what his attorney says is good behavior in prison, explaining Dassey only "acquired disciplinary infractions on two occasions."
Once for taking Ramen noodles from his "next door neighbor and a second time for possessing contraband, which was a checkerboard.
"There is some precedent in federal law to allow this but I think in this situation my prediction it's doubtful that the court would grant it," said Berk.
In the motion they request Dassey live with his mother for a few months and then be relocated to an apartment in Brown County. Attorneys also request if released a social worker helps Dassey transition to life outside of prison.
The appeals process could take between nine months and two years to complete.
Avery is also appealing his murder conviction.
