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Wis. Supreme Court denies new trial in robbery

Published On: Jan 30 2013 09:05:50 AM CST

MADISON, Wis. -

A divided Wisconsin Supreme Court has denied a new trial for a man convicted of robbing two Milwaukee grocery stores nearly 20 years ago.

The 5-2 decision Wednesday overturns a lower court's ruling that new digital enhancements of surveillance video raise doubts about his guilt.

The Supreme Court said there is not a reasonable probability that a jury would have a reasonable doubt as to the guilt of Brian K. Avery that includes viewing the new evidence.

Both Avery's attorney from the Wisconsin Innocence Project and a spokeswoman for the state Justice Department, which prosecuted the case, did not immediately return messages.

A state appeals court in 2011 granted Avery a new trial, based on the enhanced imagery. Although sentenced to 30 years in prison, he was paroled in 2007.

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