It seems like congratulations are in order for Steven Avery! The subject of the Making a Murderer docuseries on Netflix is heading back to court — but this time, it’s state circuit court. Earlier in February, attorney Kathleen Zellner filed a motion with the Wisconsin Court of Appeals to reexamine bones that allegedly belong to victim Teresa Halbach, and according to Wisconsin news site, WBAY.com, the motion was granted on Monday, February 25. That means that the bones will be subject to DNA testing to determine whether they belong to Halbach — and whether or not they are evidence of a crime committed by Avery.

“Avery Update: We Won!!!!!!” Zellner shared on Twitter. “Back to the circuit court. #TruthWins.” In separate tweets, she continued, “We are going to have an extraordinary number of constitutional violations when we are done. The COA is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins … [Avery’s] DREAM OF FREEDOM is a NEW REALITY as [Court of Appeals] lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence — misdeeds cannot be undone. State’s old way of doing business is OVER.”

According to WBAY.com, the state has said that previous tests to determine whether the bones were animal or human remains were inconclusive. Granting this motion to DNA test the bones means that Avery’s current appeal will be put on hold while investigations continue. “Due to this case’s extensive history, there is a benefit to having existing claims developed or litigated while they are relatively fresh, rather than positioning the claims to be procedurally barred in a future proceeding,” the Wisconsin Court of Appeals wrote in their order. “For these reasons, we desire a ruling on the merits so that all claims to date can be considered in a single appeal.”

Though past reports indicated that Avery had allegedly assaulted a teen relative in the past and “bragged about his money” from a potential future payout, this looks like good news for the Making a Murderer subject. And his lawyer clearly agrees. Back in October 2018, she expressed her belief that Avery could be a free man soon, and this is an important step in that process. “We believe the case will ultimately collapse when it gets to the higher courts within Wisconsin,” she told People.

 

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