Attorney’s representing Krysti Lavanway filed a notice of appeal following her sentence to 35 years in the Indiana Department of Corrections.
Lavanway is the mother of 2-year-old Serenity Wilson – who died as a result of blunt force trauma in 2015 after receiving hours of intensive care at area hospitals.
Lavanway was subsequently arrested, and was facing charges of Neglect of a Dependant Resulting in Death and Murder in the case. The Marshall County Prosecutor’s office dropped the murder charges following a review of the evidence.
According to a spokesperson for the Indiana Court of Appeals, and information provided by an online database, Lavanway’s notice was filed on January 27th to appeal her sentencing.
The matter kicks-off what could be a lengthy appeals process. The appeal is largely a “paper process” according to Appellate Court Communications Director Martin DeAgostino. He says evidence and testimony are largely excluded, with a hold to an oral argument accepted in only a handful of cases. Instead, arguments are filed in the form of briefs with the trial court’s transcripts often requested for consideration by a multi-judge panel.
Following the receipt of arguments from Lavanway’s representation and the state of Indiana, the 24-year-old Lavanway will have the opportunity to submit a reply to the state.
DeAgostino says only the notice of appeal has been filed, meaning the process is just beginning.
