Circuit Judge Stan Strickland ruled Friday that prosecutors can ask a jury to consider the death penalty during Casey Anthony's trial next year.
Anthony's attorneys had argued that prosecutors were seeking the death penalty in bad faith.
Anthony is charged with first-degree murder in the death of her daughter, Caylee.
Anthony has pleaded not guilty and says a baby sitter kidnapped Caylee. The toddler's remains were found in December 2008, months after she was reported missing.