Defense attorneys for the soldier facing the state's first death sentence since statehood didn't get the ruling they wanted.
Judge Michael Seabright ruled against the motion to declare a mistrial in the Naeem Williams trial.
Seabright said the motion was "void of factual support and carries no common sense."
Williams' attorneys argued jurors were taking too long in their deliberations and expressed concern over two recent Facebook postings by one juror.
The juror expressed frustration about the length and repetitive nature of the trial that has been going on since March.
Seabright said he wishes the unidentified juror had not posted these remarks on Jun. 11 and 17, but believes the juror has not violated any laws. He said the juror did not discuss case specifics or any facts.
Williams will receive a life sentence without the possibility of parole if the jury's verdict comes back with no death sentence for killing his five-year-old daughter nearly ten years ago.
Attorneys from both sides planned to meet Wednesday night to discuss further instructions to the jury before the judge reminds them not to discuss the case, even on social media.
The defense will also have to report to the judge Thursday with more details of who found these Facebook postings and how he or she did it.