An Arizona judge has denied a defense motion to dismiss a notice by prosecutors that they intend to seek the death penalty against Jodi Arias, who was convicted in the 2008 killing of her ex-boyfriend.

Maricopa County Superior Court Judge Sherry Stephens issued the ruling late Wednesday afternoon.

Arias was convicted in 2013 of killing Travis Alexander. But jurors deadlocked on whether she should be sentenced to life in prison or death.

A new jury was picked to decide her sentence, and her sentencing retrial is ongoing.

Arias' lawyers had argued that authorities destroyed computer evidence that would have benefited their client.