The court in a 3-2 ruling on Thursday rejected the appeal of 25-year-old Brandon Nordstedt.
Nordstedt was convicted in the July 2015 death of the girl identified only as E.O. Investigators say the child had head injuries and died of blunt force trauma.
Nordstedt argued that his attorney failed to present expert testimony to contradict testimony of prosecution witnesses about the girl's injuries and cause of death.
Justices Gary Lumpkin, Robert Hudson and Scott Rowland ruled that Nordstedt failed to show the outcome of the trial would have been different. Justices David Lewis and Dana Kuehn wrote that they would send the case back for another hearing.
Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.