As expected, the lawyer for an Alberta woman found guilty of second degree murder in the death of her newborn son, has officially launched an appeal.
Katrina Effert, 23, was sentenced on June 23 to life in prison with no chance of parole for at least 10 years. Effert has been behind bars at the Edmonton Institution for Women since then.
At the time of Efferts's sentencing her lawyer, Peter Royal, said he would file an appeal. He did so Thursday, with a notice of appeal that calls the jury verdict "unreasonable" and a "miscarriage of justice."
A jury believed Effert knew what she was doing when she strangled her newborn son in April of 2005 just hours after giving birth, then tossed the infant's body across a fence into her neighbour's yard.
After hearing the verdict, Royal asked Justice Joanne Veit to disregard the jury's decision and declare a mistrial, arguing the case was clearly not murder, but infanticide, a lesser crime that carries a maximum sentence of five years.
"If this is not an infanticide case, then infanticide ought to be taken out of the Criminal Code," Royal told the court during the sentencing hearing.
Veit responded by saying the issue is one better left for the Court of Appeal to decide. It's not known when a decision will be made on whether the case will be heard by the Court of Appeal.