JACKSON, Miss. (WTVA) - The Mississippi Supreme Court will not rehear an Itawamba County depraved heart murder conviction.
The court voted 2 to 1 not to rehear the case of Joshua Eric Hawk Clark, 38, in the death of his 4-month-old daughter Kylie Clark in 2008.
Clark's conviction was overturned by the Mississippi Court of Appeals in March of last year, but the Mississippi Supreme Court reinstated the verdict and 40-year sentence.
The February decision was made on a 5-4 vote of the justices.
Clark's attorney, Jim Waide of Tupelo, argued prosecutors relied on the shaken baby syndrome to gain Clark's conviction, but the science has since changed and no longer supports the conviction.
Clark is currently serving his sentence in the Marshall County Correctional Facility.