INDIANAPOLIS (AP) — Indiana is appealing a federal judge’s ruling that ordered the release of a man convicted in the 2000 killing of an Indiana University student.

Attorney General Curtis Hill’s office filed a notice of intent Wednesday to appeal the judge’s September ruling vacating John Myers II’s murder conviction.

The judge found that Myers’ trial attorney was so ineffective his Sixth Amendment rights were violated.

The now 43-year-old Myers was convicted in 2006 in the fatal shooting of 19-year-old Jill Behrman and sentenced to 65 years. Behrman vanished in May 2000 after leaving her Bloomington home for a bike ride. Hunters found her remains in 2003.

Morgan County Prosecutor Steve Sonnega tells The Herald-Times he expects it will be months before the Chicago-based 7th U.S. Court of Appeals rules on the matter.