Steven Avery petition rejected by Wisconsin Supreme Court

The petition for review was denied by the court without comment
Steven Avery in court (file photo)
Steven Avery in court (file photo)(Source: AP Photo/Morry Gash, Pool, File)
Published: Nov. 17, 2021 at 4:59 PM CST|Updated: Nov. 17, 2021 at 6:47 PM CST
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MADISON, Wis. (WBAY) - Wisconsin’s high court rejected Steven Avery’s petition to review his case. The Supreme Court released a simple response late Wednesday afternoon without comment: “It is ordered that the petition for review is denied, without costs.”

Avery attorney Kathleen Zellner filed the petition for review back in August. She argued the case presents “special and important reasons” justifying a Supreme Court review and focused on three issues: ineffective assistance of counsel; Brady violations, alleging prosecutors withheld exculpatory evidence from the defense; and destruction of bone fragments. Zellner wanted the court to order an evidentiary hearing.

“This Court should apply the standards it has so clearly articulated in past cases and allow Mr. Avery to have an evidentiary hearing on the merits of his allegations of constitutional violations. If his conviction truly has integrity, it will withstand the scrutiny of an evidentiary hearing,” Zellner wrote in the petition for review. “Without such scrutiny the question of the integrity and fairness of Mr. Avery’s trial hangs like a dark cloud over the Wisconsin judicial system.”

CLICK HERE to read the full petition filed by Zellner.

Zellner issued the following comment to Action 2 News early Wednesday evening regarding the court’s decision:

“We are not surprised since the Wisconsin Supreme Court only grants 1-2% of petitions for review. Mr. Avery has many options including proceeding to the U.S Supreme Court, and then federal district . Since the appellate court only ruled on 50% of the issues raised we will be filing a new petition with the circuit court at the appropriate time.”

Kathleen Zellner

Avery is serving life in prison for murdering Theresa Halbach on his family’s property on Halloween, 2005. The case gained worldwide attention from the 2015 Netflix documentary series “Making A Murderer.”

In July, an appellate court denied Avery an evidentiary hearing. That ruling said lower courts did not err in denying motions raising claims about evidence or the effectiveness of Avery’s trial attorneys.

Avery Update by WBAY on Scribd

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