'Making A Murderer' subject Steven Avery will be allowed to present new evidence in his case | Daily Mail Online Avery’s lawyer wins right to appeal. The case goes back to circuit court where they can grant a new trial or the case goes to appellate court who can reverse conviction or grant a new trial. His lawyer will present evidence that shows mishandled evidence by prosecutors can show a different outcome. This is concerning bone pieces given to Halbach family. These were improperly given per state and fed laws to the family. The bones were returned without telling Avery’s counsel. The bones were found in a gravel pit not on Avery’s land. The bones were not DNA tested. If bones were tested “and that they belonged to Halbach, Zellner could have argued that the theory which the prosecution presented that led to the convictions was not possible.” Bones are no longer in “state custody” and there is question of tampering and testing would be questioned. Zellner said there are a lot of violations. She believes Avery is innocent and will continue to fight. “A trial date court date has not been set.” There are other media reports out there....this one from DM popped up first.