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Steven Avery, subject of ‘Making a Murderer,’ wins right to appeal in Wisconsin court

Steven Avery is escorted out of a Calumet County courtroom during the opening day in his murder trial Monday, Feb. 12, 2007, in Chilton, Wis. (AP Photo/Morry Gash)

Steven Avery — convicted murderer whose mission to get his conviction overturned in chronicled in the Netflix documentary series “Making a Murder” — won the right to have his case re-examined in a Wisconsin court, his lawyer announced Monday.

“Avery Update: We Won!!!!!!” Avery’s lawyer, Kathleen Zellner, posted to Twitter. “Back to the circuit court.”

Avery is serving a life sentence for the murder of photographer Teresa Halbach in 2005. Since his conviction in 2007, he has maintained his innocence. Now, by winning the motion to appeal, his case will be sent back to a circuit court.


According to Newsweek, the motion of appeal was filed based on a collection of possible human bones, which Zellner discovered were returned to Halbach’s family without ever being tested for DNA.

In the Wisconsin circuit court, his case will either be granted a new trial or sent back to an appellate court, which could also grand a new trial or potentially reverse his conviction, Zellner told Newsweek.

The “Making a Murderer” series follows Avery and his nephew Brendan Dassey, both serving life sentences for the murder of Halbach, as they attempt to overturn their convictions. Avery’s lawyers have contended his conviction was based on false testimony and planted evidence, although higher courts have upheld his conviction. 

According to Zellner, there are only two other cases in Wisconsin history “where the appellate court remanded during a pending post-conviction appeal to allow a party to add new evidence.” She added those two cases were not contested, as Avery’s is.

She added she believes the granted motion a good sign for Avery.

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