David Folker's appeal of murder conviction dismissed

The Newfoundland and Labrador Court of Appeal has denied convicted killer David Folker's appeal of his murder conviction. 

The court in St. John's dismissed the appeal Tuesday, quashing the Nova Scotia man's attempt at a new trial.

Folker was convicted in 2013 for the second-degree murder of his former partner Ann Marie Shirran in 2010.

He was given a life sentence with 15 years before he would be eligible for parole.

Appeal focused on 3 elements

In September 2015, Folker's lawyer argued the conviction should be overturned as the judge erred on three different issues.

The defence lawyer said the judge used an inappropriate police interview that was not conducted properly.

In a stunning admission at the onset of the fall 2013  trial, Folker, for the first time, acknowledged his role in Shirran's death.

Folker's lawyer also alleged there was a failure to rule a mistrial because of a comment the judge made when he stated in front of the jury he was surprised Folker admitted he was responsible for Shirran's death.

Also, the defence said the trial judge was wrong to admit a hand-written letter as evidence.

The letter in question was written by Folker to a friend, and talked about Folker's love for his son, stating, "I could not stand the sight of his mother, yet I stayed for him."

That letter also said, "And then, like Satan answered my prayers she left that night and has not come back. Please believe I did not want that boy to lose his mother."

Blunt force trauma

Folker reported Shirran missing in July 2010, spurring a large search for the missing mother of one.

Campers discovered Shirran's remains in a wooded area just outside of Cappahayden on the Southern Shore two months later.

During his trial, Folker told the court he was acting in self-defence when he took Shirran by the neck and swung her to the floor of their kitchen.

He claimed he fainted on top of Shirran when he realized her body was lifeless.

Folker later told the court that he tripped going up the stairs outside of his apartment while taking Shirran's body out of their apartment, resulting in her body dropping to the ground.

He said he put Shirran's body in the back of the couple's vehicle, and strapped their baby in a car seat while the boy was asleep.

"It was my action that killed her ... I didn't intend to kill her," Folker said at the time.

He is currently serving out his sentence at a New Brunswick prison.

There is no immediate word on why the appeal was dismissed.