COLUMBUS, Ohio - In a split 4-3 decision, the Ohio Supreme Court on Wednesday has rejected an appeal from 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.

The justices made an announcement on Thursday upholding LaRosa's conviction for the March 31, 2015 beating death of 94-year-old Marie Belcastro at her Cherry Avenue home.

LaRosa, who pleaded no contest to murder and burglary charges, argued 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 crime.

Writing for the majority, Justice Patrick Fischer found that the court was correct in allowing the hospital’s washcloth and scrapings taken from LaRosa’s fingernails to be used during his trial.

Although Justice Fischer found that the judge made an error in allowing LaRosa’s socks and underwear to be used as evidence, he along with Chief Justice Maureen O’Connor, Justice Sharon Kennedy, and Justice Patrick DeWine, agreed that the error did not impact the outcome of the case.

Writing a dissenting opinion, with concurrence by Justices Melody Stewart and Jennifer Brunner, Justice Michael Donnelly does not believe that admission of the evidence was harmless to LaRosa’s defense.

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 was sentenced to life without parole for murder, plus consecutive sentences totaling 30 years for burglary, robbery, and rape offenses.

LaRosa, now 22-years-old, is being held in the Marion Correctional institution.