But shortly after issuing his ruling, Hepler agreed to stay the decision, saying that the public would not be at risk with Higgins in custody in Wisconsin while his appeal is heard. In fact, with Higgins still in custody, he has the most to lose with the delay, Hepler said.
"I do not think Mr. Higgins' appeal is frivolous under the circumstances," Hepler said.
An attorney for the state of Michigan, Assistant Attorney General John Pallas, was allowed to speak at the Wisconsin hearing and suggested an appeal could take one year, making the case more difficult for prosecutors because Higgins' prosecution would be separated from the other kidnap-plot defendants charged in state court.