Avery, 59, filed the request Wednesday, his attorney Kathleen Zellner said Thursday.

A unanimous Wisconsin appeals court in July rejected Avery’s request to hold a hearing on new evidence that he wanted to present for a new trial.

Avery has been fighting unsuccessfully for years to have his conviction overturned. His latest appeal asks the Wisconsin Supreme Court to review three issues: failure to disclose evidence, the destruction of bone fragments and ineffective assistance of counsel.

The Wisconsin Supreme Court is not required to take the case. If it does agree to hear it, the court would likely schedule oral arguments at a later date and issue a ruling months from now.