Barry Jones, who sits on death row in Arizona after being convicted in 1995 for the rape and murder of his girlfriend’s 4-year-old daughter, is still facing execution despite evidence indicating that he may be innocent.

Jones had his conviction overturned in 2018 when a federal court concluded that he hadn’t received effective counsel, which is a violation of his Sixth Amendment rights, according to The Daily Beast.

“There is a reasonable probability that his jury would not have convicted him of any of the crimes with which he was charged and previously convicted,” a federal judge ruled.

Arizona’s attorney general appealed the decision to the Supreme Court after losing in the 9th U.S. Circuit Court of Appeals. State prosecutors then continued to stand against Jones, saying his “innocence isn’t enough” to throw out his conviction.

With a 6-3 vote on Monday, the Supreme Court agreed that Jones’ innocence is not enough to set him free.