The court-appointed attorney for Kevin Foley has filed a motion in State Superior Court to withdraw from Foley’s appeal of his murder conviction. Michael Patrick Smith filed a Turner/Finley Brief, which is a document that seeks to withdraw as counsel because the attorney sees no merit in the case.
Foley is appealing his conviction and sentencing for the stabbing death of Blairsville dentist John Yelenic in 2006. He’s serving life in prison without the chance for parole.
Last November, Indiana County President Judge Thomas Bianco dismissed Foley’s third attempt for post conviction relief, which was based on the former state trooper’ contention that, had information known now been available in 2009, his attorneys would have followed a different trial strategy. Bianco ruled that Foley admitted killing Yelenic and had not presented any evidence to overturn the conviction.
While the judge did turn down Foley’s petition, he allowed Foley to take his case to the higher court. The State Supreme Court rejected Foley’s original appeal in 2017.
Comments