Last year St. Joseph Superior Court Judge Elizabeth Hurley sentenced Patel to 20 years for throwing her newborn son into a dumpster following a chemically-induced abortion. The baby was estimated to be 25 to 30-weeks old, which did not make its way into early coverage of the hearing.
Attorneys for the 35-year-old Patel told Chief Judge Nancy H. Vaidik, Judge L. Mark Bailey and Judge Terry A. Crone to throw out the conviction.
In February 2015, following a trial that took place over six days and which 20 witnesses offered testimony, Patel was convicted of feticide and child neglect. Prosecutors said she took drugs to induce an abortion and failed to get medical help for the baby when he was born alive.
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