Richey has been on death row in Ohio since 1987
|
A Scot will remain on death row in the US until the Supreme Court decides whether or not he will be retried.
Kenny Richey's murder conviction was overturned by an appeals court in Ohio in January - but prosecutors have lodged an appeal against that decision.
Richey's lawyer had hoped to get the 40-year-old transferred to a county jail and then released on bail.
But Ohio Attorney General Jim Petro welcomed a Supreme Court decision which keeps Richey on death row.
Summer recess
He said that was "where we believe he properly belongs for his just conviction and sentence for the murder of two-year-old Cynthia
Collins".
Richey has been on death row since 1987 after being convicted of murdering the toddler in an arson attack.
His lawyer, Ken Parsigian, said he still felt it was "very, very unlikely" that the Supreme Court would decide to hear the latest appeal when it returns from summer recess.
County prosecutor Gary Lammers has announced his decision to retry Richey and is currently putting his case to a grand jury.