'Making a Murderer' Subject Steven Avery Wins Right to Appeal

'Making a Murderer' Subject Steven Avery Wins Right to Appeal
Making a Murderer focus Steven Avery has won the right to appeal.

Avery — who is serving a life sentence — has been in jail since 2007 after being convicted of the 2005 murder of freelance photographer Teresa Halbach. Over the years, Avery has maintained his innocence, repeatedly trying to overturn the conviction.

His lawyer Kathleen Zellner now won a motion on Monday (February 25) to have his case reexamined in Wisconsin court.

Upon learning of the news, Zellner — who also prominently appeared in the Netflix series — tweeted the following: Avery won the motion to appeal based on possible human bones found in a gravel pit. According to Zellner, they were not tested for DNA and were given to the Halbach family — a violation of state law.

Zellner has stated that the return of the bones meant potentially crucial evidence was no longer able to be the subject of further testing.

"This evidence has the potential to undo the whole case, so it is a big win," Zellner told Newsweek. "The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial."

If Avery is exonerated, this will mark his second extended prison sentence to be overturned for a crime he claims he did not commit.

After winning the appeal on Monday, Zellner now has 14 days to file any "supplemental postconviction motions." 

In addition to Avery, his nephew Brendan Dassey was also sentenced to life in prison over the killing of Halbach. He too has said he was innocent of any crime and remains in prison.