Decision in Mills case appealed

By Lee Morrison, The Times-Reporter
Posted 9/25/2008

Denial of a motion to reconsider the Marsha Mills murder case is being appealed to the 5th District Court of Appeals at Canton.

In a filing Thursday, attorneys for Mills appealed the Sept. 11 decision by Tuscarawas County Common Pleas Court Judge Elizabeth Lehigh Thomakos. The judge ruled that “the defendant has cited no legal authority in support of the motion for reconsideration.”

The appeal will be the subject of written arguments by attorneys on both sides of the case before the matter is set for oral argument. Two other appeals are pending with the court.

A jury found Mills guilty of two counts of murder, felonious assault and child endangering.

Mills, 58, of Dover was convicted and sentenced in June 2007 as a result of the investigation into the May 2006 death of Noah A. Shoup, 2, of New Philadelphia that occurred as Mills baby-sat him.

Prosecutors maintain the boy died a violent death, while the defense claims the boy died after falling down a short flight of outside steps onto concrete. Mills is serving a life sentence with parole eligibility after 15 years are served.