Al Potter's appeal of murder conviction dismissed

·1 min read
Al Potter, pictured here in 2019, was found guilty of the 2014 stabbing death of Dale Porter. His appeal of the conviction has been dismissed.
Al Potter, pictured here in 2019, was found guilty of the 2014 stabbing death of Dale Porter. His appeal of the conviction has been dismissed.

(CBC - image credit)

The Court of Appeal of Newfoundland and Labrador has dismissed an application from Al Potter, who was convicted of murder in the 2014 stabbing and killing of Dale Porter.

Potter filed a notice of appeal in March 2019, claiming in his application the "verdict is unreasonable and cannot be supported by the evidence" and he wanted a new trial ordered.

That appeal came just days after he was sentenced to life in prison without the chance of parole for 25 years for killing Porter, who was stabbed 17 times.

The appeal said instructions to the jury contained errors with respect to summary of evidence and "displayed bias towards the Crown's evidence throughout" the trial, and that the trial judge failed to protect against the misuse of bad character evidence.

Appellate court Justice Gale Welsh disagreed, as did judges Lois Hoegg and William Goodridge, who also signed the decision.

"I am satisfied that the trial judge did not err by denying Mr. Potter's application for a directed verdict of acquittal on the charge of first-degree murder. Further, the judge did not err by failing to protect against the misuse of evidence of bad character," Welsh wrote in the decision.

"There is no basis on which to conclude that the verdict of guilty of first-degree murder was unreasonable."

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