Steven Avery Just Won An Appeal And Could Have A Retrial

Steven Avery

Steven Avery

In 2007, 56-year-old Avery was found guilty of the 2005 murder of 25-year-old vehicle magazine photographer Teresa Halbach, who he claims he did not kill.

Making a Murderer cast doubt on the legal process used in the investigation and subsequent court cases. Back to the circuit court.

"Avery Update: We Won!"

Emphasis on could. As Avery's lawyer Kathleen Zellner told Newsweek, this isn't a done deal yet.

Zellner wants to test bones found in the gravel pit to determine if they are Halbach's, which would undermine the prosecution's argument that Halbach was killed and her remains destroyed on Avery's property.

Ms Zellner filed a motion to appeal her client's conviction based on a collection of possible human bones, alleged to have belonged to Halbach, that she argued had never been tested for DNA.

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From there, the circuit court has the power to grant the Making A Murderer star a brand new trial - which, it should be emphasised, he might not necessarily win. Either way, the State opposed this motion and lost.

Zellner filed a motion for appeal, claiming the return of the bones constituted a Youngblood vs. Arizona violation, meaning potentially crucial evidence in Avery's case was kept from further testing by handing it back to the Halbach family. "This evidence has the potential to undo the whole case, so it is a big win".

In terms of what this means for Avery's case, the evidence surrounding the bones can now be submitted, and could result in a second trial of the matter.

'We do believe our current motion re the State's disposal of the bones is one of the most significant developments in the Avery case.

"We are going to have an extraordinary number of constitutional violations when we are done". "Back to the circuit court", she wrote, along with the hashtag #TruthWins". A new trial would mean Avery's team can present new evidence that has been discovered since his first trial. Mr. Avery is innocent and will not be convicted a second time.

The lawyers representing Avery in his first trial have always maintained the state's case did not add up, and hoped new DNA testing methods would lead to a fresh trial for Avery.

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