An Oklahoma man featured in the Netflix series “The Innocent Man” is fighting to get his murder sentence thrown out but the state is fighting back.

On Friday, the Attorney General's Office filed its argument to the state court of criminal appeals to keep Tommy Ward in prison.

Melvin Ward said his brother Tommy is still hopeful he will be a free man, even after 37 years behind bars.

"I talked to him yesterday. He's doing good," Melvin told News on 6. "All we can do as his family and friends is support him and pray that everything goes his way."

In December, a Pontotoc County Judge threw out Ward's conviction for the murder of an Ada woman in the 1980s. That judge agreed the state withheld evidence in Ward's trial, and that Ward should not be retried.

On Friday, the Attorney General's Office filed its opinion, arguing that the missing evidence would not have made a difference in Ward's case. The state also said Ward's attorneys waited too long to file their appeal.

"Their argument really is outlandish. They themselves have not sat in prison for decades," said Greg Swygert, with the Center for Wrongful Convictions. Swygert is also one of Ward's attorneys. He hopes a new state attorney general can give their case a fresh set of eyes.

"Because if they do, I believe they will come to the same conclusion the judge came to - which is they cannot do this, and we need to give him a fair trial," Swygert explained. 

Melvin said what happened to his brother could happen to anyone.

"This is about a man's rights that have been violated. It's a lot easier to put an innocent man in jail than it is to get him out," Melvin said. 

News on 6 reached out to acting Attorney General Dawn Cash and she did not wish to comment. Tommy's attorneys have until the end of this month to file their response to the appeals court.