May 29—On Wednesday, the Ohio Supreme Court declined to hear Shane Knowlton’s second appeal of his felonious assault conviction.

One Supreme Court Justice, Michael Donnelly, dissented from the decision not to hear the appeal, and would appoint counsel to Knowlton in the case.

This is Knowlton’s second appeal to the Ohio Supreme Court. The court also declined to hear his first appeal in February, after the 11th District Court of Appeals upheld his conviction.

Following those decisions, Knowlton filed a motion for another appeal with the 11th District, claiming his attorney on his first appeal was ineffective. The 11th District Court of Appeals’ opinion, rejecting the claim, stated the request did not the two-factor test put out by the Ohio Supreme Court. That test requires a defendant to prove both the fact that their legal representation was deficient for failing to raise issues on appeal, and there was a reasonable possibility of success if those appeals had been presented.

Knowlton’s motion raised three issues that should have been brought up on his original appeal, that the judge failed to instruct the jury regarding a lesser included offense included in the felonious assault charge, that his trial attorney was ineffective, and that prosecutors violated his constitutional protections.

The 11th District found there was not sufficient evidence to meet the test, and over-ruled Knowlton’s motion.

In his appeal to the Ohio Supreme Court, Knowlton argued the appeals court improperly decided his application to re-open the case improperly ruled on the merits of his proposed issues, rather than the motion itself, along with the issues he raised in his second appeal to the 11th District Court of Appeals.

Knowlton was sentenced to seven to nine years in prison after being convicted on one count of felonious assault, a second-degree felony. He was convicted of shooting a man in Ashtabula in July of 2021.

Knowlton will be eligible for parole in December 2029.