UPDATE: 4/5 at 11:37 a.m.
The Wisconsin Court of Appeals has denied an appeal to overturn the conviction and sentence of Raul Ponce-Rocha .
He's the man convicted of killing Breanna Schneller of Wausau in 2009.
Ponce-Rocha filed the appeal because he disagreed with some of the evidence used in his trial, including four pairs of underwear found underneath his bed.
The state used the evidence in his trial because it showed motive and the Wisconsin Court of Appeals agreed.
Ponce-Rocha also said statements he made during an interview with Wausau Police were not voluntary because he felt he was in custody. He also said he was never given his Miranda Rights which violates his constitutional rights.
The Wisconsin court of Appeals ruled that he wasn't under arrest until the end of the interview and those statements could be used as evidence.
ORIGINAL STORY: 2/17 at 4 p.m.
A 25-year-old Wausau man sentenced to life in prison with no chance of parole for killing a D.C. Everest student in 2009 is appealing his conviction and sentence. The papers were filed Thursday in Marathon County Court.
Raul Ponce Rocha is convicted of breaking into 18-year-old Breanna Schneller's apartment in May of 2009 to steal articles of her clothing, including her underwear, and then brutally stabbing her multiple times.
After several tense days in court in last August, a jury of seven men and five women found Ponce Rocha guilty of First Degree Intentional Homicide, Armed Burglary and two counts of theft.
NewsChannel 7 has been following this case since the very beginning. To view all of our coverage click here.
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