Andy Thompson

USA TODAY NETWORK-Wisconsin

MILWAUKEE - A closely-watched federal lawsuit that has major implications for convicted killer Brendan Dassey is still awaiting a ruling, and there’s no telling when a decision will be handed down.

Final briefs in the case were submitted 13 months ago. The decision is in the hands of Federal Magistrate William E. Duffin of Milwaukee.

Dassey’s attorneys are seeking a new trial for their client, or a hearing on a request for a new trial, in connection with his conviction in the 2005 murder of Teresa Halbach. Dassey’s uncle, Steven Avery, also was convicted, and both men are serving life in prison.

The Wisconsin Department of Justice has argued against a new trial for Dassey, saying he deserves to remain imprisoned.

Attorneys for the Bluhm Legal Clinic at the Northwestern University School of Law in Chicago filed a writ of habeas corpus in U.S. District Court in 2014. The writ is used to bring a prisoner before a court to determine if an arrest and conviction were legal.

Legal experts say it’s not rare for cases like Dassey’s to take years before rulings are issued.

“I don’t know the average length of time to decide habeas cases, but I’ve certainly seen others that have taken this long or longer,” said Michael M. O’Hear, a professor at the Marquette University Law School.

“My sense is that there are some unusually complicated legal and factual issues in this case. Also, when a case is in habeas, there is a lot of added complexity that comes from all of the special rules that are intended to discourage federal courts from granting relief to state prisoners,” O’Hear said.

Dassey’s attorney, Laura Nirider, said previously that “there is no timetable” when it comes to the court’s ruling.

Dassey's attorneys claim he was illegally arrested and imprisoned, and that his confession was coerced by detectives. The state insists that Dassey was treated fairly during the interrogation process and point out that his convictions have been upheld by the Wisconsin court of appeals.

Dassey has received considerable support from the public and from legal scholars and criminal experts since the release in mid-December of “Making a Murderer,” a 10-part Netflix docu-series that has drawn a massive audience.

“Since there is a lot of public interest in this case, it is also possible that the judge is putting extra effort into writing an opinion that is very clear and accessible to non-lawyers,” O’Hear said.

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If Dassey’s case is rejected, he could appeal to the Seventh Circuit Court of Appeals and, possibly, to the U.S. Supreme Court.

The impact of the decision in the Dassey case will be felt across the country, said Kim Dvorchak, executive director of the National Juvenile Defender Center in Washington, D.C.

”Any high-profile case has the potential to have far-reaching impact … as it applies to young people in the criminal justice system,” Dvorchak said.

She said there is “increasing interest” by states in providing legal representation for juveniles when they are questioned by law enforcement.

“Many states have parental presence laws that are required; what we found is that parents don’t typically stand in the shoes of an attorney,” Dvorchak said. “Parents have many other considerations; they may be worried about their own culpability. You need an un-conflicted person who is on the side of the child, advising the child.”

Dvorchak said “Making a Murderer“ showed the viewing public how young people can be mistreated by the criminal justice system.

“I think the Brendan Dassey story (has) re-activated interest on this issue,” she said. “It has vividly portrayed the power discrepancy between a young person and a police officer in ways that hit the general public in their hearts.”

Andy Thompson: 920-996-7270, or awthompson@postcrescent.com; on Twitter @Thompson_AW