Sean Michael Phillips will be back in court at the end of this week. He will once again face a judge to determine if there is enough evidence to charge him with open murder of his daughter, "Baby Kate." Mason County Prosecutor, Paul Spaniola... and the Assistant Attorney General filed an appeal after it was ruled, in September, that there wasn't sufficient evidence to charge Phillips with the crime. Judge Richard Cooper will hear arguments from both sides this Friday. Phillips is still serving his sentence for his 2012 conviction of unlawful imprisonment.