Hoggle attorney appeals judge’s decision to dismiss murder charges

An attorney representing a Montgomery County mom accused of killing her two children in 2014 has filed an appeal challenging a judge’s refusal to dismiss murder charges against her.

READ MORE: 'We're not going to give up on them,' says father as Catherine Hoggle seeks to have children's murder charges dropped

In February,  Judge Robert Greenberg denied a defense motion to dismiss murder charges against Catherine Hoggle. 

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Hoggle was the last person seen with her two children in 2014: a then 3-year-old Sarah and 2-year-old Jacob.

READ MORE: Motion to dismiss murder charges in Catherine Hoggle case denied

For five years, judges had consistently ruled that Hoggle was “not competent to stand trial.”

During the February competence hearing, her attorney was able to ask for dismissal.

Hoggle has a long history of mental illness. 

In the most recent filing, the attorney indicated that the judge made an error because Maryland law forbids the state from holding those who are found incompetent to stand trial indefinitely.