A Moncton lady despatched to jail for killing a teenage good friend greater than two years in the past is interesting her first-degree homicide conviction.
In Might, a jury discovered Marissa Shephard, 23, responsible of first-degree homicide and arson with disregard for human life within the loss of life of Baylee Wylie, 18.
If Shephard’s enchantment is profitable, she needs one other trial earlier than a decide and jury, in response to the discover of enchantment filed with the Court docket of Queen’s Bench. I
Shephard signed the doc on June 22, the day of her sentencing, and filed it on June 25.
Within the discover, Shephard says Justice Zoël Dionne made an error in regulation when he allowed into proof the “rumour videotaped assertion” that Devin Morningstar gave to police after Wylie was discovered lifeless in her home.
Morningstar and Shephard have been each convicted of first-degree homicide and sentenced to life in jail with out parole for a minimum of 25 years. A 3rd particular person, Tyler Noel, is serving a life sentence with no probability of parole for 16 years after pleading responsible to the lesser cost of second-degree homicide.
Shephard additionally says the decide erred in his cost to the jury on the problems of the dearth of cross-examination of Devin Morningstar throughout her trial, and the “Crown’s selection to not cross-examine me.”
Firefighters found Wylie’s physique beneath a mattress in Shephard’s burned-out townhouse on Dec. 17, 2015.
He had suffered greater than 140 “sharp-force accidents” — most of them whereas he was nonetheless alive, the trial heard.
Morningstar tried earlier to enchantment his conviction however misplaced.
The Crown had appealed Noel’s sentence however dropped the motion in February, saying the sentence was “neither unlawful, nor the product of error, nor demonstrably unfit.”