Sean Michael Phillips appeals the reinstatement of murder charges against him in the Baby Kate case. Mlive reports an appeal was filed on Tuesday. In September, of last year, Judge Peter Wadel said there wasn't enough evidence to go to trial. Mason County Prosecutor Paul Spaniola and the Attorney General's Office appealed the ruling and in December, Judge Richard Cooper, overturned the original ruling... allowing them to continue to pursue charges of open murder against Phillips. Phillips has been serving his prison sentence of unlawful imprisonment of his daughter, since 2012.