ase 2005CFO0I81 Oocument 1098 Fed 04-11
STATE OF WISCONSIN CIRCUITCOURT MANITOWOC COUNTY
STATE OF WISCONSIN,
Plaintiff
Case No. 05 CF 381
STEVEN A. AVERY, Sr.,
Defendant.
DEFENDANT'S MOTION FOR LEAVE TO FILE
DEFENDANT'S REPLY T0 THE STATE'S RESPONSE,
IN OPPOSITION TO DEFENDANT'S MOTION FOR NEW TRIAL
Defendant, Steven Avery, by his undersigned attorneys, hereby moves this
Honorable Court for leave to file his reply to the State's response to his supplemental
§ 974.06 motion. In support thereof, Defendant states as follows:
1. This cause is before this Court on remand from the Wisconsin Court of
Appeals.
2. The Wisconsin Coust of Appeals issued its remand order on February
25, 2019, In its remand order, the Wisconsin Court of Appeals ordered Defendant to
{ile his supplemental postconviction motion within fourteon da}
8. Defendant timely filed his supplemental posteonviction motion in this
Court on March 11, 2019.case 20050000091 Document 108 FladO4-11.201 Page 2old
4. ‘The Wisconsin Court of Appeals’ February 25, 2019 remand order did
no; authorize the State to respond to Defendant's supplemental posteonvietion
mation,
Without first secking leave, the State filed an unauthorized and
‘unsolicited response to Defendant's postconviction motion on Match 29, 2019,
6. Defendant: now seeks leave to reply to the State's unauthorized and
‘unsolicited response because there are issues and matters of record raised by the
State which Defendant disputes. Defendant believes the correction of matters of
second will id this Honorable Court in resolving Defendant's pending supplemental
‘postconviction motion. If this Court denies Defendant's motion for leave, this Coust
should trike the State's response because it was unauthorized under the Court of
Appeals’ February 25, 2019 onder.
1. Acopy of Defendant's reply to the State's response is attached hereto as
‘Babibit 1
8. ‘This request is made in good faith and not for purposes of delay
WHEREFORE, Defendant Steven Avery respectfully requests this Honorable
Court grant leave to reply to the State's response to his supplemental posteonietion
mation,Cere20080F00088! Document 1038 Fed o4-11-2018
Dated: April 11, 2019
Counsel for Defendant Steven Avery
ts
Kathleen T. Zellner
‘Admitted pro hae view
[Kathleen I. Zellner & Assoe., #.C:
1901 Butterfield Road, Suite 650
Downers Grove, Illinois 60515
(630) 955-1212 / IL Bar No. 6184575,
attorneys@zelinerlawoffices.com
Isl Steven G.Richards
Steven G, Richards
State Bar No, 1037545
Everson & Kichards, LLP
127 Main Street
Casco, Wisconsin 54205
(920) 887-2053,
sgrlawayahoo.com