Theres no date set yet for any proceedings in that federal appeals court. Toya we called dasseys thank you. Attorney for comment. Within the last minutes, he got back to us saying hes , disappointed but not surprised , by the move. In a statement bob dvorak says, judge duffin wrote a thoughtful opinion that we are prepared to defend. Process of trying to get his conviction overturned. Last month his attorney Kathleen Zellner filed a motion asking for the testing and retesting of hundreds of pieces of evidence in the case. Zellner says the new tests will show if averys blood was planted at the crime scene. She expects test results in about three months. Zellner is also responding to todays news, tweeting this a little over an hour ago, wisconsin a. G. Appealing brendans decision. Just prolonging the injustice. Website, wisn. Com. Anytime there is a development in this case we will send alerts , to your smart phone. You can download our app for free to your phone or tablet. Theres new in