Appeals court hears challenge to Justin Rivers’ aggravated-child-neglect conviction over timeliness and sufficiency of evidence

A panel of the Fourth Camilla Appeals Court heard oral argument in the appeal of Justin Rivers, convicted of aggravated child neglect after an incident in which a 1-year-old, identified in the record as K.A., was found unresponsive and later treated by emergency medical services. Defense appellate lawyer Jessica Butler told the court the motion for new trial was filed "32 days after the judgments were filed, so 2 days late," and asked the panel to waive untimeliness in the interests of justice so the court could review sufficiency claims. Ronald Coleman, arguing for the State, said the motion and notice of appeal were untimely and that the court should dismiss the appeal or, if it reaches the merits, affirm because the evidence was sufficient.

The case matters because Rivers was convicted of a class A felony and is serving a 15-year sentence with no release; the stakes, the defense said, support allowing review despite the late filing. Butler argued the central appellate issues are sufficiency claims that can be reviewed on the merits even if the motion for new trial and notice of appeal were…