The New Brunswick Court of Appeal has unanimously dismissed Devin Morningstar’s appeal of his first degree murder and arson conviction.
Defence Lawyer Margaret Gallagher argued Justice Walsh didn’t properly instruct the jury. She says instructions were flawed.
She said the jury might have been more likely to reduce the verdict to second degree murder or manslaughter.
Devin Morningstar was not present in the Appeal court, but his mother Tina was.
The Wylie family was also present at today’s appeal and expressed relief over the decision.
“It means we don’t have to sit through all of the evidence again for a trial for him, and we’re definitely pleased with the decision of the court today and how quickly it was made,” says Baylee’s aunt, Angela.
Morningstar was convicted in 2016, in connection with the death of Baylee Wylie, whose body was found after a house fire in December 2015.
Tyler Noel pleaded guilty of second degree murder in the same case. he will be sentenced July 12th.
Marissa Shephard is also facing first degree murder and arson charges. Her trial is scheduled for February of next year.
For more details on today’s appeal, visit our Twitter account
Devin Morningstar appeal hearing to begin today in #Fredericton. He was convicted of 1st degree murder and arson in November #Moncton #NB pic.twitter.com/j9ePfVCedx
— 91.9The Bend News (@919TheBendNews) June 26, 2017
