Brendan Dassey's defense has responded to the state's request to keep Dassey behind bars pending a full review of its appeal, saying the request is "not warranted."
Dassey's lawyers filed the response Tuesday, saying the common practice is to grant bond to successful "habeas petitioners," and the state's attempt to to stop that is unwarranted.
His lawyers also said they believe the state is "highly unlikely" to successfully seek reversal of the court's decision to uphold Dassey's overturned conviction.
Dassey's lawyers have asked the court to once again release him.
"He has been unconstitutionally incarcerated long enough," the response stated.
The Wisconsin Department of Justice asked the Seventh Circuit Court of Appeals Monday to deny Dassey's immediate release, or at least to keep Dassey behind bars until the full court rules on the state's appeal of Dassey's overturned conviction.
The state said it plans to appeal to the full court, and for the court to consider that Dassey was convicted of heinous crimes.
In a response filed Monday, the state said if the full Seventh Circuit Court of Appeals rules against it or does not take the case, it would consider asking the Supreme Court to review the case.
Dassey is serving a life sentence for the 2005 murder of Teresa Halbach.
In August 2016, a federal judge overturned Dassey's conviction, saying his confession was coerced.
A three-judge panel from the 7th U.S. Circuit Court of Appeals upheld that ruling last week, prompting Dassey's attorneys to seek his immediate release.