They heard his case in Chicago, Tuesday.
“The Circuit Court of Appeals is very busy. So, usually, these appeals take a while. Whether that’s three months, six months, nine months, a year, it could be a while,” said Avi Berk.
Attorney and legal analyst Avi Berk says the judges will need time to look over Dassey’s case.
“They have to look at the record, they have to read the briefs and listen to the arguments,” he said.
More than a year after a brief was filed, a magistrate judge overturned Dassey’s conviction last August. The state says Dassey’s confession was voluntary. His attorneys argue Dassey’s confession was coerced.
“The Federal court ruled that the confession was not obtained legally, that it violated his constitutional rights, he was not competent, he had limited IQ, that he was young, and someone in his situation could not properly evaluate the questioning,” Berk said.
It’s up to the appeals court to decide whether it will uphold that overturned conviction.
“If the decision is upheld, it means the decision to throw out the conviction upheld. Then, he could be released or he could be held while the state tries to appeal it further to the United States Supreme Court,” he said.
Berk goes on to say that based on the appeals court decision, there will likely be an appeal to the Supreme Court.
“The decision of the Court of Appeals will be final unless the Supreme Court agrees to take it. The Supreme court does not have to take appeals. In fact, they take a very small percentage of the appeals that come to the Supreme Court,” he said.
Dassey’s attorneys posted a note on their website yesterday saying while they’re waiting for a decision to be made, they’d like to thank Dassey’s supporters, particularly those who traveled long distances to attend the hearing.
As for Dassey’s uncle, Steven Avery, his attorney has requested evidence collected from the crime scene be re-tested.
Avery is serving a life sentence at Waupun Correctional Institution.
Source: by Gabrielle Mays, FOX 11 News