Lena Lunsford Conaway's new defense attorney, Jeremy Cooper, filed a brief on Monday to the West Virginia Supreme Court.

This appeal is on behalf of Lunsford, of Weston, who is serving life in prison without parole for the death of her 3-year-old daughter, Aaliyah Lunsford.

According to Cooper, this appeal is to toss the conviction and acquit Lunsford for lack of evidence.

During a trial in April, Lunsford's then-defense attorney Tom Dyer repeatedly argued that without Aaliyah's body, there was no proof of a cause of death.

Lunsford was convicted after two of her daughters testified against her, recalling how Lunsford had hit Aaliyah with a wooden bed slat before hiding the body.

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