Joel Clow files appeal of second-degree murder conviction
Crown files cross-appeal, wants Clow convicted for first-degree murder
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- Joel Clow later pleaded guilty to manslaughter after a previous murder conviction was overturned.
Joel Lawrence Clow, the Island man now in prison for killing Traci Lynch, has filed an appeal of his conviction.
Clow filed the documents Nov. 22 from Springhill Institution in Nova Scotia, where he is serving a life sentence for second-degree murder, with no chance to apply for parole for 17 years.
Clow was convicted after his trial in July. According to the appeal document, Clow believes he did not receive a fair trail. The document states "evidence admitted was hearsay and should not have been allowed."
At trial, the court heard Clow killed Traci Lynch in a violent struggle outside his home in Pleasant Grove in July 2015. Clow claimed he was not criminally responsible due to the drugs and alcohol he'd consumed.
Crown seeks first-degree conviction
Crown prosecutor Cindy Wedge has filed a cross appeal, asking to have Clow convicted of first-degree murder. That would increase his sentence to life in prison with no chance to apply for parole for 25 years.
The Crown's cross appeal states Justice Nancy Key misinterpreted the definition of forcible confinement at trial, resulting in Clow's conviction on the lesser charge of second-degree murder.
Clow has also filed a motion to have the Supreme Court order the province's legal aid service to provide a lawyer free of charge to handle his appeal. His motion, prepared with the assistance of a parole officer at Springhill Institution, cites Clow's lack of money and his illiteracy as reasons why he needs legal aid.
The Crown prosecutor has filed notice that she supports Clow's request.
In that letter, Wedge states that Clow's grounds for appeal "have no merit" but the Crown's cross appeal will "increase the jeopardy" to Clow.
Clow is scheduled to appear in P.E.I. Court of Appeal Jan. 17 for a hearing on his request for legal aid.
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