The Ohio Supreme Court has upheld a judge’s order that a woman facing three counts of murder undergo a psychiatric evaluation.


The charges against 26 year old Brittany Pilkington stem from her allegedly suffocating her three young sons over a period of 13 months.


WPKO Radio reported that the issue is whether a confession made by Pilkington can be used at her trial. Her attorney wanted the confession tossed citing her brain damage and low IQ.


Logan County Judge Mark O’Connor ruled a psychiatric evaluation and that was upheld by an Appeals Court in May and the Supreme Court declined the case on Wednesday.


Pilkington’s trial is set for January of 2019.