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Ludington — The state appeals court says a murder charge can stick against a Michigan man accused of killing his infant daughter, whose body hasn’t been found.

In a 3-0 decision released Friday, the court affirmed a decision by a Mason County judge.

Katherine Phillips, known as “Baby Kate,” disappeared in 2011 in the Ludington area, about 80 miles northwest of Grand Rapids. Her father, Sean Phillips, is charged with murder.

The appeals court says Phillips’ correspondence with Kate’s mother and other evidence is sufficient to show that the girl’s death was a crime.

The 25-year-old Phillips is serving a separate 10-year prison sentence for unlawful imprisonment in Kate’s disappearance.

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