(Picture:Steven Avery’s post-conviction lawyer Kathleen Zellner will finally get to take his case back to the Circuit Court.
The 56-year-old accused of killing photographer Teresa Halbach won the right to appeal the famous Making A Murderer case on Monday.
His lawyer is currently trying to get the conviction overturned while he serves a life sentence, without parole, for the murder of Teresa in 2007 and she has so far won more than eight appeals.
Tweeting an update on Monday Kathleen said: ‘We Won!!!!!! Back to the circuit court.’
A motion to send the case back to the Circuit Court for testing ‘possible human remains’ was denied in January.
Yet this latest motion relates to ‘new evidence that the State has destroyed material evidence by giving the bones back to the Halbach family’.
This weekend, the State allegedly confirmed to Zellner that ‘many bones’ thought to be from the victim Teresa, were returned to her family back in 2011.
It’s claimed that the defence was not notified of this occurrence, but the bone fragments could now prove Halbach was not killed on Avery’s property.
This latest win means that Avery’s team can submit evidence related to the bones – and hopefully proceed with testing.
Kathleen confirmed the news on Twitter on Monday (Picture: Netflix)From there, Newsweek suggests that the Circuit Court can either grant a new trial or a progression to an appellate court.
Zellner told the publication: ‘Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win.’
Explaining what this means for Avery, Zellner told Metro.co.uk on Saturday: ‘Reports about Mr. Avery being released [from prison] are not accurate.
‘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.
‘There is no justification for the State’s actions which violate both Wisconsin and federal law. We believe the court is grappling with determining the remedy for such a violation.’
She added: ‘If the court does grant relief either it will order an evidentiary hearing or a new trial but not a release.
‘What will lead to Mr. Avery’s release is a new trial and acquittal because we will be able to refute all of the State’s case with the new evidence we have developed over the last 3 years. Mr. Avery is innocent and will not be convicted a second time.
‘We do not know how the court will rule. Will it rectify this blatant violation of the law by holding the State accountable or will it turn a blind eye to it? Time will tell. Either way we will fight on until Steven Avery is free.’
Got a showbiz story?
If you’ve got a story, video or pictures get in touch with the Metro.co.uk Entertainment team by emailing us email@example.com, calling 020 3615 2145 or by visiting our Submit Stuff page – we’d love to hear from you.
MORE: PewDiePie defends YouTube’s controversial response to ‘paedophilic’ content as Colleen Ballinger hits out
MORE: Jordyn Woods to spill her side of the story about Khloe Kardashian and Tristan Thompson drama to Jada Pinkett Smith on Red Table Talk