Law360 Canada (July 5, 2024, 1:42 PM EDT) -- Appeal by Lambert from conviction for second-degree murder and appeal from life sentence without parole for a period of 15 years. Lambert was found guilty by a jury of second-degree murder in the death of Hole. It was agreed that Hole died in an altercation with Lambert and McGillivary in McGillivary’s basement apartment, where Lambert placed Hole in a chokehold rendering him unconscious. McGillivary testified he saw Lambert strike Hole with a mallet and place him in a chokehold until he stopped moving. Lambert testified that he only used a “sleeper hold” to render Hole unconscious, not kill him, and claimed McGillivary killed Hole. Lambert and McGillivary then disposed of Hole’s body. In his conviction appeal, Lambert argued that the judge erred in the jury instructions. He also appealed the 15-year parole ineligibility period imposed upon him, arguing that the judge overemphasized aggravating factors and underemphasized mitigating factors....