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Prosecutor asks court to deny murderer's 3rd appeal

The state filed a motion Wednesday asking the court to deny the third appeal of a Columbus man convicted of felony murder and aggravated robbery. 

Phillip Boler, 30, was convicted of felony murder and aggravated robbery after a robbery-turned-gunfight in a New Marshfield trailer park that left bystander Donnie Putman dead in February 2009. Boler, Mohat Osman, 19, and Abdifatah Abdi, 19, lead the robbery and each were sentenced 28 years to life in prison for a felony murder and aggravated robbery conviction.

Boler filed an application for his case to be reconsidered for the third time Aug. 26 of this year. He said that aggravated robbery and murder are allied actions and he should not have been convicted of both, according to court documents.

Assistant Athens County Prosecutor Sabrina J. Ennis filed a response to the motion Wednesday asking the court to deny it. Ennis said that an application for reconsideration is only appropriate if it outlines an obvious error or raises an issue that has not been fully considered. Ennis said Boler’s does not.

Boler did not say that his charges were aligned offenses in his first two appeals, even though he knew about it at the time. His first appeal claimed unfair action by the court and the second claimed ineffective counsel, according to court documents.

Ennis also states that Boler’ s appeal should be denied because it was filed about ten months after his previous appeal was denied. According to the law, it must have been filed within 10 days after the previous appeal was denied.

She requests that the court denies Boler’s application because there are neither supporting facts for his appeal nor obvious error on the court’s part.

The court has yet to issue a response.

Osman and Abdi are both appealing their cases on the claims that their charges are allied actions.

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