COLUMBUS, Ohio -  The Ohio Supreme Court on Wednesday is scheduled to hear an appeal by Jacob Larosa who is serving a life sentence without parole for robbing, murdering, and attempting to rape an elderly Niles woman when he was fifteen years old.

Larosa is arguing that the prosecution should not have been able to use as evidence, clothing, and other items seized by police when Larosa was being examined at St. Joseph Hospital following the March 31, 2015 beating death of 94-year-old Marie Belcastro whose body was discovered by her daughter at her Cherry Avenue home.

The defense says police did not obtain a search warrant for the evidence, violating Larosa’s constitutional rights.

A lower court ruled that Larosa had no expectation of privacy when items were seized in the emergency room.  In addition, prosecutors argue they would have recovered some of the evidence in other ways and that, even without the clothing, "overwhelming evidence" supported LaRosa's guilt.

Larosa pleaded no contest to charges and was sentenced to life without parole for murder, plus consecutive sentences totaling 30 years for burglary, robbery, and rape offenses.

The Ohio Supreme Court agreed to review Larosa’s claim based on the U.S. and Ohio constitutions, which prohibit unreasonable searches and seizures.

The court will hear arguments in the case by videoconference early Wednesday because of the COVID-19 pandemic. The arguments will be live-streamed.

Larosa, now 21-years-old, is being held in the Marion Correctional institution.