Those following the Making a Murderer case have been waiting for quite a while for an update in Steven Avery's appeal, and now we have some news.

A judge has ruled against Steven Avery's previous motion, according to Wisconsin court documents.

"The court finds that the defendant has failed to meet his burden to establish that Wis. Stats. 968.205 was violated or his constitutional rights were violated," the court record states (via an NBC local network). "As such, the defendant's motion is denied."

This motion was based on alleged mishandling of bone evidence.

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Related: An important Making a Murderer detail is revisited in a new documentary

Avery's attorney Kathleen Zellner doesn't seem perturbed by the decision though, saying she's "thrilled" to be returning to the appellate court.

Once there it could then still be decided to reverse Avery's conviction or perhaps to grant him a new trial.



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Avery update: We are thrilled to be returning to the appellate court after all of this time!!!!! #SilverLinings @lifeafterten @michellemalkin #MakingAMurderer2 — Kathleen Zellner (@ZellnerLaw) August 8, 2019

Speaking to Newsweek back in February, before this new ruling, Zellner explained: "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. 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."

All of this comes after the post-conviction lawyer revealed her latest theory around the case, based on bone fragments found in the Manitowoc County Gravel Pit.

According to a letter submitted by Zellner to the Wisconsin Court of Appeals on February 13, "never-before disclosed ledger sheets" came to light that indicated the bones in question were returned to the Halbach family – something she says the defence were not aware of and that, she argues, violates Avery's rights.

In response to these allegations, a spokesperson for the Attorney General's Office told Rolling Stone at the time that they could not "comment on ongoing litigation".

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Kathleen Zellner has worked on a number of other cases and has a growing list of successful exonerations to her name. Back in February she shed a little more light on the post-conviction process and explained that "all of these cases take an eternity".

"We've been in the case 3 years," she said of the Avery appeal. "Average time is 15 years."

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Related: Making a Murderer's Dean Strang and Jerry Buting respond to one big question raised in the series

Steven Avery is currently serving life in prison following his 2007 conviction of in the murder of Teresa Halbach. He has always maintained his innocence.

Zellner has previously argued that "the Halbach family are victims of this grave miscarriage of justice", as well as her client, who she believes is innocent.

Making a Murderer is available now on Netflix.

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