Court won’t hear appeal in Mills case

By Lee Morrison, The Times-Reporter

Posted 3/4/2010

COLUMBUS, OH — .Ohio Supreme Court members have declined to hear an appeal by a Dover baby sitter convicted in the 2006 death of a 2-year-old New Philadelphia boy.

Attorneys for Marsha Mills appealed the decision filed Oct. 20 by the 5th District Court of Appeals. The appeal was of Tuscarawas County Common Pleas Court Judge Elizabeth Thomakos’ final judgment entry denying Mills’ request for post-conviction relief.

However, in an entry filed Wednesday, the Ohio Supreme Court refused to hear the case because it doesn’t involve any substantial constitutional question.

Mills has one year from the date of this denial to file an appeal in federal court.

Mills, 59, was convicted and sentenced in June 2007 after investigation into the death of Noah A. Shoup while Mills was baby-sitting him.

A jury found her guilty of two counts of murder, felonious assault and child endangering. She was sentenced to life in prison with parole eligibility after 15 years. The prosecution maintains the boy died a violent death.

The defense maintains he died after falling down a short flight of outside steps onto concrete.