BATON ROUGE, La. (Louisiana First) — The attorneys representing a man who was convicted in the murder case of 2-year-old Nevaeh Allen filed a motion for a new trial in court on Thursday, September 4.

Phillip Gardner, 34, was the boyfriend of Neveah Allen’s mother, Lanaya Cardwell, 28. He was accused of dumping the small child’s body in Mississippi after she was punched and died.

Gardner was convicted of second-degree murder and obstruction of justice in May 2025. He appealed that conviction in July 2025.

In court on Thursday, Gardner's attorney argued that there is no evidence available indicating Gardner was responsible for Allen's injuries.

Gardner's attorneys also stated that he should not receive a life sentence in prison.

The opposing counsel argues that because Gardner did not c

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