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Shane files for appeal

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news Worthington, 56187
Worthington Minnesota 300 11th Street / P.O. Box 639 56187

WORTHINGTON -- Nobles County Attorney Gordon Moore was served on Thursday with a notice of appeal filed by the state public defender on behalf of Lisa Marie Shane, who was convicted in April of second-degree unintentional murder, which occurred during an underlying offense of felony child neglect.

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Shane brought her 3-month-old daughter, Ashanta Chavarria, to the emergency room in October 2004 with a severe head injury. The infant was transported to a Sioux Falls, S.D., hospital, where she was later taken off life support and died. Shane was charged with the child's murder in August 2005, and the case moved to a jury trial in April 2006.

Shane was sentenced to 180 months, an upward departure from the presumptive sentence.

The appeal will be handled on the prosecution side by the Minnesota Attorney General's Office. The appeal is to the Minnesota Court of Appeals.

Assistant Attorney General William Klumpp prosecuted the case originally, with Chief Public Defender James Fleming in charge of the defense.

Moore said the notice of appeal does not identify the specific issues being raised by the defendant, but those issues will be spelled out in a brief to be written by the defense after the transcripts are received from the district court.

Generally, an appeal takes about one year after the transcripts are received to settle, Moore said.

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