The Michigan Court of Appeals upheld the conviction and sentencing of Kevin Samphere of St. Ignace November 10, ruling that he has been appropriately sentenced to 15 years in state prison in a 2006 child abuse case in which a four-year-old boy suffered burns in a bathtub of hot water at Mr. Samphere’s home.

The case was tried by jury in 2007 in 11th Circuit Court in Mackinac County before Judge William Carmody. Mr. Samphere appealed the case in a Marquette courtroom May 12, 2009, and the appeals court released its decision November 10.

Although Mr. Samphere’s lawyers raised the question of whether there was sufficient evidence to support an intent of child abuse in the case, the panel of three appeals court judges upheld the jury’s decision. The appeals court did rule that it was inappropriate to consider the hot water as a weapon in this case, a finding that does not change the outcome or the sentencing, said Fred Feleppa, Mackinac County prosecutor, who also argued the case before the appeals court. The finding will be noted in court records.

The time frame between the trial and the appeal, and between the appeal and the decision, is typical in Michigan courts, Mr. Feleppa said.

The only other court where the case could be appealed at this point would be the Michigan Supreme Court, if it were to be asked to hear the case and if it would agree to hear it.

Mr. Samphere is serving a five year to 15 year sentence at Parnall Correctional Facility, a minimum-security prison at Jackson.