Michael Rafferty has cleared a hurdle to proceed with an appeal of his murder conviction in the killing of eight-year-old Victoria Stafford. Rafferty missed the deadline to file his notice of appeal, which is 30 days after sentencing, so he had to request a time extension. The Court of Appeal for Ontario granted it Oct. 26, so he can now file a full appeal if he wants. He has not filed any appeal documents beyond the inmate notice of appeal, filed in July, in which he says his conviction should be set aside and a new trial ordered. Rafferty was convicted in May of kidnapping, sexual assault causing bodily harm and first-degree murder in the death of Tori. On his notice of appeal written from Kingston Penitentiary where he is serving a life sentence, Rafferty says it was filed late because he wasn't able to use the phone in time to speak to a lawyer about it.

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