ClickOrlando.com- Anthony, 23, is jailed on first-degree murder charges in the death of her daughter, Caylee, whose remains were found last December. Caylee was 2 years old when she was reported missing in July 2008. Anthony has pleaded not guilty.
Orange County Circuit Judge Stan Strickland said the state was not acting in bad faith or depriving Anthony of her constitutional rights by seeking the death penalty.
Strickland said in his ruling that he did have the power to remove the death penalty option but only if the state was acting in bad faith. The state had argued that judges cannot restrict prosecutors' discretion when it comes to choosing whether to pursue the death penalty.
Anthony's defense team had argued that the state was acting in bad faith and seeking the death penalty so it could get a jury that is more conviction prone.
In a court hearing last week, prosecutor Jeff Ashton went into great detail about a hypothetical argument he could make to a jury about how Caylee was killed to support the death penalty, if Anthony is found guilty.
The graphic detail caused Anthony to cry openly in court and forced her parents to exit the courtroom.
As of now, Anthony's murder trial is scheduled to begin in the summer.
Stay with ClickOrlando.com and watch Local 6 News for more on this story.
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