Baby Kate murder trial to move forward.

LUDINGTON— The trial of Sean Michael Philipps of Victory Township, accused of murdering his infant daughter, will move forward after the Michigan Supreme Court refused to hear an appeal by the prosecution asking 79th District Judge Pete Wadel be removed from the case.

According to the Associated Press, Michigan’s highest court issued an order Wednesday saying it wouldn’t hear an appeal by Mason County Prosecuting Attorney Paul Spaniola and Michigan Attorney General Bill Schuette that sought to replace Wadel, Mason County’s Chief Judge. 

Katherine Phillips, known as “Baby Kate,” was last seen in June, 2011 after Phillips took her following an argument with the 4-month-old’s mother, Ariel Courtland. 

Phillips was convicted of kidnapping Baby Kate and is currently serving the fourth year of a minimum 10 to 15 year sentence. Phillips has since been charged with murder. 

The case was originally dismissed by Judge Wadel, who found insufficient proof Kate was killed during a probable cause hearing. Her body hasn’t been found. The murder case earlier was upheld.

A trial date has not yet been scheduled.