In a split decision, the Ohio Supreme Court has declined to hear the appeal of a 22-year-old man serving a life sentence for a Trumbull County murder.

The court on Friday announced it lacked jurisdiction to hear the case of Austin Burke who was sentenced to life in prison with the possibility of parole in 30 years. That sentence will immediately be followed by another 11 years for the aggravated robbery convictions and then the firearm specifications- which would lead to a minimum sentence of 47 years in prison. 

That sentence stems from six charges- including the conviction that Burke shot 22-year-old Kenneth Sample who was reported missing in 2017.

Sample's body was found a few days later near a secluded area of the Grand River Game Lands in Bristolville.

Burke was arrested days later after allegedly robbing the Pizza Joe's restaurant in Cortland.

In addition to those charges, Burke was also sentenced to 11 years behind bars for the possession of a deadly weapon while in a detention center. 

Burke pleaded guilty to that charge after being found to be in possession of a "shank" in a Trumbull County Jail cell. 

Prosecutors had asked the courts to sentence Burke to life in prison without the possibility of parole. 

Two justices, Michael Donnelly and Jennifer Brunner disagreed with their colleagues’ decision not to accept jurisdiction to hear Burke's appeal.

In a dissenting opinion, Justice Donnelly wrote the following:

"One of the worst injustices that we judges can perpetuate is to let an innocent person remain in prison. Although it is disturbing to think that a wrongful conviction might have happened on our watch, we cannot and should not be so quick to deny that possibility. Postconviction proceedings are an important safeguard against wrongful convictions, and we need to ensure that petitioners are afforded a meaningful opportunity to attempt to prove cogent claims at evidentiary hearings. If a petitioner’s claims appear to be true and an innocent person might be in prison, we need to set aside our dogged commitment to finality and make room to correct that injustice. The standards currently employed by Ohio’s courts do not make such room."

Justice Donnelly said, and Justice Brunner concurred, that the court should hear the appeal to clarify the standards that apply when determining whether an appeal should proceed to a hearing.

Burke would be eligible for parole in 2075.