‘Making a Murderer’ subject Avery appeals latest defeat

Posted at 6:09 PM, August 26, 2021 and last updated 4:27 PM, July 19, 2023

MADISON, Wis. (AP) — “Making a Murderer” subject Steven Avery has appealed his latest unanimous legal defeat, asking the Wisconsin Supreme Court to take the case.

Avery, 59, filed the request Wednesday, his attorney Kathleen Zellner said Thursday.

FILE – In this March 13, 2007 file photo, Steven Avery listens to testimony in the courtroom at the Calumet County Courthouse in Chilton, Wis. (AP Photo/Morry Gash, Pool, File)

Avery is serving a life sentence for the 2005 killing of photographer Teresa Halbach, a case that became the focus of a popular Netflix series whose creators raised questions about the convictions of Avery and his nephew, Brendan Dassey.

A unanimous Wisconsin appeals court in July rejected Avery’s request to hold a hearing on new evidence that he wanted to present for a new trial.

Avery has been fighting unsuccessfully for years to have his conviction overturned. His latest appeal asks the Wisconsin Supreme Court to review three issues: failure to disclose evidence, the destruction of bone fragments and ineffective assistance of counsel.

The Wisconsin Supreme Court is not required to take the case. If it does agree to hear it, the court would likely schedule oral arguments at a later date and issue a ruling months from now.