What's next in Steven Avery's case?

Alison Dirr | USA TODAY NETWORK-Wisconsin

Show Caption Hide Caption Steven Avery Timeline A timeline of events in the case.

MANITOWOC - The 1,272-page motion filed last week in Steven Avery's case punctuated what had been a lull — at least publicly.

But since last Wednesday, when attorney Kathleen Zellner dropped off binders of documentation at the Manitowoc County Clerk of Court's Office, there has been no hearing scheduled and no filings from the state.

So what now?

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"There are a number of different things that could happen, which would affect timing differently. It all depends on how the State chooses to respond," Wisconsin Department of Justice spokeswoman Rebecca Ballweg wrote Friday in response to questions about the next steps in the case. "At this time, we are reviewing the filing."

She didn't respond to a follow-up request for more specifics.

At this stage, the trial judge has a huge amount of discretion as to further proceedings, said Keith A. Findley, co-founder of the Wisconsin Innocence Project.

Once a post-conviction motion is filed, the judge reviews it. Prosecutors may file a written response, he said.

If the judge thinks the motion has no merit, she can deny it without a hearing.

Otherwise, the judge will schedule a hearing, which could last for days or even weeks, depending how much evidence there is to consider.

In cases where the motion is based on new evidence, it's at this hearing that the experts would testify — unless the prosecution agrees that testimony isn't necessary. But that's highly unlikely since prosecutors would want to cross-examine the experts, Findley said.

"Typically, you'd have a hearing where all of these experts would have to come in and testify," he said. "Their reports and their affidavits and the statements in the motion are not evidence at this point. They are allegations."

Defendants must prove those statements are true by having the experts testify, he said. Once that occurs, the judge could consider whether to grant the motion for a new trial.

Before that hearing is scheduled, there could be other orders for additional testing, according to Findley.

In the end, the judge will issue a written order denying or granting a new trial. Whichever side loses can appeal the decision.

If the post-conviction motion is granted, the prosecutors could dismiss the case and let Avery go free, appeal to the Court of Appeals, or retry Avery.

Alison Dirr: 920-996-7266 or adirr@gannett.com; on Twitter @AlisonDirr