The Pennsylvania Superior Court has upheld the conviction and lengthy prison sentence imposed on Michael D. Copley of Altoona who was found guilty of third-degree murder in the 2015 death of his wife, Catherine.

Cathy Copley, 29, was reported missing by her mother and then her husband in the days after the couple had hosted a party in their Seventh Avenue home.

During the Dec. 9 party, Cathy Copley and other guests decided to obtain marijuana, and reportedly they went to the home of a man who lived about a half mile away.

They returned with the marijuana at about 1 a.m. Dec. 10, according to a summary of events of that evening, as outlined in the Superior Court opinion.

“Mrs. Copley went missing the next day,” the appeals court explained.

Police began an investigation into the mysterious disappearance of Mrs. Copley, with the only clue provided by her husband — one of her shoes was found in the backyard of the home where the alleged marijuana dealer lived.

The alleged dealer consented to a search of his home, but investigators found no evidence that would link him to the victim’s disappearance.

It wasn’t until June 8, 2016, that Mrs. Copley’s body was discovered in the backyard garage of a vacant home on the 400 block of East Pleasant Valley Boulevard.

The owner of the property had died a year or more prior to the discovery, which was made by two young men who were visiting a relative in the neighborhood. Near the body, police found the shoe that matched the one found in the yard of the alleged marijuana dealer.

The police investigation continued for more than two years, until Oct. 18, 2018, when Michael Copley was arrested for his wife’s death.

Copley’s five-day trial revealed there was marital strife between the Copleys, which was denied by the defendant, and according to the Superior Court, the prosecution’s theory of the case was that Michael Copley had planted his wife’s shoe in the backyard of the alleged marijuana dealer, who he suspected of having an affair with Mrs. Copley.

Police used DNA evidence to link Copley to his wife’s death.

It was Michael’s DNA found on the shoe in the garage, not that of the alleged dealer or Mrs. Copley.

Copley’s DNA was also found under Mrs. Copley’s fingernails.

And police determined Michael’s cellphone was near the garage during the time the body was placed there.

The defense argued that if the jury concluded Michael was responsible for his wife’s death, possibly by strangulation because her hyoid bone was broken, it should also conclude that her death was not intentional.

The jury found Copley guilty of murder in the third degree, aggravated assault, abuse of a corpse, criminal use of a communication facility, tampering with evidence and burglary.

Blair County Judge A. Wade Kagarise sentenced Copley to 20 to 40 years for murder, five to 10 years for burglary and 1.5 to seven years for criminal use of a communication facility — a total of 26.5 to 57 years in prison.

Copley, 35, is incarcerated in the State Correctional Institution at Albion in Erie County.

In appealing the Copley case, defense attorney Richard M. Corcoran of Ebensburg challenged Copley’s conviction by asking the appeals court to find the judge erred in permitting the prosecution to introduce “inflammatory” photographs taken at the garage and during the autopsy of the victim.

Of the more than 300 photos taken by police, the prosecution sought to introduce 85 during the trial.

The defense focused its objections on six photographs that depicted the victim’s arms and hands.

It argued that the effect of permitting the selected photos “would be to cause anger or violent feelings.”

In his opinion concerning the controversial photos, Kagarise ruled that he did not believe the photos “constituted inflammatory photographs.”

Kagraise ruled the photos had evidentiary value and pointed out that during his instructions to the jury, he cautioned the jury about how to view them.

The panel of Superior Court judges who reviewed the appeal pointed out the defense admitted some of the photos were properly admitted and it was unsure which photos caused concern to the defense.

The panel stated, “When a court has to guess what issues an appellant is appealing, that is not enough for meaningful review.”

Another defense issue was whether the property where the body was found had been “abandoned.”

Abandonment can be raised as a defense against burglary, the defense argued.

The abandonment issue was relatively novel and, as Kagarise pointed out in his opinion, the jury was never instructed to decide if the garage was abandoned or whether it was for sale.

The Superior Court panel asserted that there had been no request for any jury instruction on the abandonment issue.

“We therefore conclude that (the defense) did not adequately (raise the abandonment issue) during trial, rendering the claim waived,” the opinion stated.

The Superior Court opinion was written by Judge John T. Bender. It was joined by Judges Jack A. Panella and Dan Pelligrini.

The defense has the option of seeking Supreme Court review.