David Folker wants 2nd-degree murder conviction overturned
Convicted murderer David Folker, the Nova Scotia man who is serving a life sentence for killing his partner Ann Marie Shirran in 2010, is appealing his second-degree murder conviction.
A jury found Folker guilty after a lengthy 2013 trial in Supreme Court in St. John's. The trial began with Folker admitting he killed Shirran during an argument.
The defence argued that it was manslaughter — not second-degree murder.
Folker, who will not be eligible for parole until 2028, dumped Shirran's body in a remote area of Cappahayden on Newfoundland's Southern Shore shortly after he killed her in the couple's apartment in the Kilbride neighbourhood of St. John's.
Campers discovered Shirran's desecrated remains weeks after Folker reported to police that Shirran left their apartment after the two got in a fight.
The court was told that Shirran, 32, suffered enormous trauma to both sides of her head, and died instantly. The Crown argued that Folker kicked Shirran violently in the head.
Shirran and Folker had a son together. The boy is now in elementary school.
The defence is requesting that Folker's conviction be overturned and that a new trial be ordered.
The appeal hearing is slated for Sept. 24.