The man convicted in the death of photographer Teressa Halbach in 2005 is now appealing a recent appellate court denial to the Wisconsin Supreme Court.
Attorneys for Steven Avery are asking the court to hear the case because of “misapplications” for their defense.
Attorney Kathleen Zellner argues the appellate court decision misapplied evaluating new evidence, third-party suspect evidence, and denying an evidentiary hearing depriving Avery of the ability to raise a complete defense.
The third appeal from Avery claims that there was a third person in possession of Halbach’s vehicle after her disappearance and that there was a Brady law violation for not disclosing evidence from the Manitowoc County Sheriff’s Office.
Zellner finishes with her conclusion that Avery should be awarded a new trial in the interest of justice if the Wisconsin Supreme Court hears the case.
An appellate court ruled against the third Avery appeal last month.
The 62-year-old Avery has been sentenced to life in prison without the possibility of parole for the 2005 homicide.
