Constance Marten is seeking permission to appeal against her conviction for gross negligence manslaughter.
The Court of Appeal has confirmed to the it had received an application on behalf of Marten. The body of her baby girl Victoria was found decomposing in a shopping bag in Brighton in 2023.
Marten, 38, and her partner Mark Gordon, 51, were found guilty at the Old Bailey in July after a lengthy retrial which the judge said they tried to “sabotage” and “manipulate”.
A previous application by Marten to appeal against a conviction of cruelty to a child from her first trial was rejected in February 2025.
During the first trial, the pair were also found guilty of concealing the birth of a child and perverting the course of justice by not reporting her death.
The Crown Prosecution Service sought a retrial over the manslaughter charge after the jury failed to reach a verdict.
Pathologists are still uncertain how exactly baby Victoria died, but the prosecution said it was likely from hypothermia or by being smothered while co-sleeping in a small, thin tent in cold, damp and windy conditions in January 2023.
The couple said her death was a tragic accident after Marten fell asleep holding the baby.
The court heard that the couple had gone on the run to avoid Victoria being taken off them. Their four other children were previously taken into care.
It took 53 days for the couple to be found, after evidence from a burnt-out car near Bolton suggested a recent birth.
They slept outside, used face coverings and aliases while avoiding police.
Baby Victoria was found two days after the couple were, on 29 February 2023. Her body was in an allotment shed in the Hollingbury area of Brighton.
When convicted of the manslaughter by gross negligence charge, the pair refused to stand, and Marten shook her head and sighed.
Marten and Gordon are due to be sentenced on 15 September.
