Frank Gable in a Florida prison in 1985 (Photo courtesy The Oregonian/OregonLive)

UPDATE: Link to court filing: Oregon's appeal filing

SALEM -- The state Justice Department on Wednesday in court filings is appealing a decision by a federal judge that Frank Gable get a new trial or be freed from prison in connection with the 1989 murder of the state prison director.

The agency in a 33-page filing asked that the federal judge's order that action be taken within 90 days be put on hold and that Gable be kept in prison. The state said that if Gable were to be freed during the state's appeal, conditions should be imposed.

This is a developing story that will be updated. Our previous coverage:

Judge: Gable has sufficient proof he is 'probably' innocent of Francke murder