The attorney for Kevin Foley has filed an appeal of his murder conviction to state Superior Court. The former state trooper is serving life in prison without the chance of parole for killing Blairsville dentist Dr. John Yelenic in 2009.
In November, Indiana County President Judge Thomas Bianco dismissed Foley’s third appeal, which was based on a claim that, had information that is known now been known in 2009, Foley’s lawyers would have followed a different trial strategy. Bianco ruled that Foley admitted killing Yelenic and had not presented any evidence to overturn his conviction.
Last week, Bianco granted Foley’s motions to appeal outside of the timeliness window, to appeal without prepaying filing fees and court costs, and to forward the trial transcripts to Superior Court.
An appeal to the State Supreme Court was turned down in 2017.
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