For the second time in weeks, a Missouri prison has ignored a court order to release an inmate whose murder conviction was overturned. Just as in the case of Sandra Hemme, actions by the state’s attorney general are keeping Christopher Dunn locked up.

St. Louis Circuit Judge Jason Sengheiser on Monday tossed out Dunn’s conviction for a 1990 killing. Dunn, 52, has spent 33 years behind bars, and he remained Tuesday at the state prison in Licking. “The State of Missouri shall immediately discharge Christopher Dunn from its custody,” Sengheiser’s ruling states.

Dunn wasn’t released after his conviction was overturned because Republican Attorney General Andrew Bailey appealed the judge’s ruling, “and we’re awaiting the outcome of that legal action,” Missouri Department of Corrections spokeswoman Karen Pojmann said in an email Tuesday.

The decision to keep Dunn incarcerated puzzled St. Louis Circuit Attorney Gabe Gore, whose office investigated his case and determined he was wrongfully convicted, prompting a May hearing before Sengheiser.