David Folker's appeal filed in 2nd-degree murder conviction

Convicted murderer David Folker filed an appeal in the Newfoundland and Labrador Supreme Court of Appeal in St. John's Thursday morning, in an attempt to get a new trial.

• David Folker wants 2nd-degree murder conviction overturned
• David Folker appealing 2nd degree murder conviction

Folker was convicted in 2013 for the second-degree murder of his former partner Ann Marie Shirran in 2010. He was given a life sentencewith 15 years before he would be eligible for parole.

However, Folker wants the conviction overturnedwith his lawyer saying the judge erred on three different issues.

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

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

The three Supreme Court judges agreed the admission by the judge was rare, but did not necessarily point to prejudice against Folker.

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."

• 'Satan answered my prayers,' Folker says in letter

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."

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

The appeal iscurrently under review.