Sean Phillips at his sentencing.
(LUDINGTON DAILY NEWS) - The appellate attorney for Sean Phillips has filed a brief with the Michigan Court of Appeals challenging Phillips' conviction on unlawful imprisonment of Katherine "Baby Kate" Phillips.
According to the brief, Phillips' attorney, Valerie Newman, is appealing his conviction on three points:
First saying that the state failed to prove beyond a reasonable doubt that Kate was "restrained." Second, that Judge Richard Cooper erred in instructing the jury that the secret confinement could be from either Kate's mother, Ariel Courtland, or from the State of Michigan.
Third, that Cooper departed from sentencing recommendations for reasons that were not articulated as substantial or compelling.
A jury found Phillips guilty of the charge in 51st Circuit Court April 27, 2012 . He was sentenced last June to 10 to 15 years in prison.
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Ludington Daily News