Devin Morningstar appeals 1st-degree murder conviction in Baylee Wylie slaying
19-year-old Morningstar is serving a life sentence for the murder of Baylee Wylie in Moncton
Devin Morningstar, one of three young people charged in the brutal killing of 18-year-old Baylee Wylie in Moncton, is asking the New Brunswick Court of Appeal to overturn his first-degree murder conviction.
Firefighters found Wylie's body in a burned-out Moncton tri-plex in December 2015. Morningstar's two-week trial painted a graphic picture of Wylie's violent death.
After 21 hours of deliberation in November 2016, a jury found Morningstar, 19, guilty of murder and committing arson with disregard for human life.
Morningstar is serving a life sentence at the Atlantic Institution in Renous, with no chance of parole for 25 years.
An amended notice of appeal filed with the Court of Appeal in Fredericton says the trial judge, Justice John Walsh, made errors in his instructions to the jury about manslaughter and first-degree murder and in failing to allow a defence of duress.
The appeal will be heard June 26 in Fredericton.
Morningstar's mother, Tina Morningstar, said Monday that from the day of her son's conviction, she planned to help file an appeal. She was surprised the process moved so quickly.
"I'm happy, of course. We've known for a while that it was going to be heard. We didn't think it would be this soon.
"My hope, of course, is that his conviction is overturned and there's a new trial."
Morningstar, who was represented by Robert Rideout at the trial, will have lawyer Margaret Gallagher arguing his appeal. The Crown prosecutor assigned to the case is Kathryn Gregory.
Two other people were also accused of killing Wylie. Tyler Noel pleaded guilty to second-degree murder and arson in May and will be sentenced in July. Marissa Shephard is accused of first-degree murder and arson. No trial date is set.