'Making a Murderer' Subject Steven Avery Wins Right to Appeal

The subject of the hit Netflix series "Making a Murderer," Steven Avery, has won the right to appeal his murder conviction and will have his case re-examined by a Wisconsin court, BBC Reported.

Avery and his nephew Brendan Dassey were both sentenced to life in prison for the 2005 murder of Teresa Halbach but Avery has consistently maintained his innocence. Avery spent 18 years in prison on a sexual assault conviction before DNA evidence exonerated him in 2003. But just two years later, he was arrested and accused of the murder of Halbach.

Central to the case are charred remains that were found on Avery property days after the photographer had gone to his car salvage to take photographs of a minivan that was listed for sale.

Avery's attorney Kathleen Zellner filed an motion to discuss new evidence regarding her client's conviction, Inside Edition reported. According to the motion she requested DNA testing of bones found in a gravel pit off of on Avery's property. If the bones are Halbach's it would contradict the state's contention she was killed on Avery's property and her body burned on the property.

Zellner also contends the state destroyed crucial evidence by giving bone fragments back to the victim's family – a violation of both state and federal law, the attorney claims.

According to The Wrap, Zellner insists Avery was framed and first requested DNA testing of the bones in December. Zellner took to Twitter to announce their victory Monday.

"Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins," she tweeted.

In a separate post, Zellner noted they were "going to have an extraordinary number of constitutional violations" when they were done.

"The COA is letting us create an avalanche of evidence in this record," he wrote. "Higher courts rule."

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