Steven Avery's appeal denied

INFORMATION FROM WLUK:

A state appeals court Wednesday denied Steven Avery's attempts to get a new trial on his conviction for the murder of Teresa Halbach.

Avery is serving a life prison term without the chance of parole for the 2005 murder at his family's salvage yard and residence.

Avery cited several arguments in his appeals, including alleging the improper dismissal of a juror and disputing the fact he wasn't allowed to blame anyone else for the murder.

From the ruling:

"Steven Avery was convicted as a party to the crime of the first-degree intentional homicide of Teresa Halbach. He was also convicted of being a felon in possession of a firearm. Avery challenges his convictions on three grounds. Avery first argues that the trial court erred in denying his motion to suppress evidence resulting from the sixth search of his trailer home. We conclude that this search, conducted three days after the search warrant was issued, constituted a reasonable continuation of the original search and that the evidence was otherwise admissible under the inevitable discovery doctrine.

Next, Avery argues that the trial court erred in barring his presentation of third-party liability evidence. We uphold the trial court’s ruling. The third-party liability evidence proffered by Avery identified a large group of individuals who he claimed were near the Avery property on the date of Halbach’s murder but who he acknowledged had no motive to harm her. This evidence failed to satisfy the “legitimate tendency” test under State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984), and was properly deemed inadmissible.

Finally, Avery contends that the trial court’s excusal of a deliberating juror violated his fundamental rights and that the trial court erred in denying his postconviction motion for a new trial on this ground. Avery additionally contends that if he is deemed to have consented to the excusal of the juror, he is entitled to relief due to ineffective assistance of counsel or in the interest of justice. We reject Avery’s challenges. We affirm the judgments of conviction and postconviction order," the court wrote.

Avery's nephew, Brendan Dassey, was also convicted. His appeals are pending.


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