MIDDLETOWN, Ohio (WDTN) — The 12th District Court of Appeals in Middletown will hear arguments in the Brooke Skylar Richardson case Tuesday.
A judge will hear arguments from prosecution and defense attorneys.
Both sides filed an appeal following a ruling in April regarding the use of communications between Richardson and her doctor as evidence at trial.
Each side will get 20 minutes to make their argument. The arguments are scheduled to begin at 9:30 a.m. Tuesday.
Richardson is accused of burying her full-term baby last July shortly after giving birth in Carlisle.
Defense attorneys argue the baby was stillborn.
In April, a judge modified the house arrest order for Richardson by imposing a curfew.
Attorneys for Richardson filed a motion on April 17 in Warren County after a judge postponed her murder trial.
The motion says Richardson hasn’t committed any infractions since being placed under house arrest last summer. Prosecutors indicated they will oppose the motion.
The Court noted Richardson has no prior criminal record and significant ties to the community. The Court also noted Richardson has been present for each pre-trial hearing and has passed all random drug tests.
The Judge wrote, “The Court finds the Motion to Lift House Arrest is not well-taken. However, the Court will modify the house arrest restriction to place the Defendant on a curfew from 9:00 pm until 7:00 am.”
Richardson will still have to wear a GPS monitor and will remain subject to random drug testing and unannounced home visits, according to the court order.
The trial was scheduled to begin April 16 and is now on hold until the Court of Appeals makes its ruling.