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Steven Avery files new appeal, claims search warrant used was illegal

Legal experts question motions' effectiveness
Posted: 3:38 PM, Jan 12, 2016
Updated: 2016-01-13 15:04:11-05

Steven Avery has filed a new appeal that alleges a search warrant was improperly issued and seeks his release on bond.

Avery says evidence found on his property "is clearly `FRUIT OF THE POISONOUS TREE"' and that a juror improperly influenced others.

The document, filed Monday, was signed by Avery himself. The nine page document is a response to a judge's decision in November to deny post conviction relief.

To read the document,   here . (**Warning, contains language that some may consider offensive.**)

In the motions, Avery claims an initial search warrant used on his property was "warrantless," adding any evidence seized during it should be thrown out.
 
It also questions the handling of the victim, Teresa Halbach's, vehicle, and claims one juror "tainted the other jurors" by suggesting Avery's guilt repeatedly. 
 
"It doesn't have the makings of someone who really knows what they're doing," says defense attorney Avi Berk, who has followed the Avery case since day one.
 
The motion also claims all six of Avery's trial and appellate lawyers ignored, or mishandled his case.
 
"One of the few avenues for an appeal is claiming that your lawyer screwed up," adds Berk.
 
Upon reading the document, Berk says he expects the Court of Appeals to dismiss the motion.
 
"My concern is that he may have screwed up any opportunity that his new lawyer could have to actually do something good using correct legal channels," adds Berk.
 
Our attempts to reach Avery's new lawyer, Kathleen Zellner, were not returned by news time. 
 
Avery was convicted of first-degree intentional homicide in the death of photographer Teresa Halbach a decade ago. Avery had been wrongfully convicted years earlier in a rape case and served 18 years in prison. 

He had a lawsuit pending against Manitowoc County when he and his nephew were arrested in Halbach's death.

Manitowoc County Sheriff Robert Hermann says he hasn't seen Avery's appeal, which was filed Monday. He stands by the investigation.
 
 
 
The Associated Press contributed to this article.