CINCINNATI (AP) — A federal court on Friday turned down an appeal from an imprisoned Cincinnati man whose 2013 murder trial hinged on the paralyzed, hospitalized victim having blinked his eyes to identify a picture of his shooter before dying.

The convicted man, Ricardo Woods, challenged how that blinking testimony by David Chandler was allowed to be used in court as a dying declaration. Woods, now 42, argued that his right to confront the witnesses against him was violated in the Hamilton County case.

Woods also argued that prosecutors improperly kept a potential juror off the jury based on race.

A three-judge panel of the U.S. Sixth Circuit Court of Appeals rejected those challenges Friday, affirming an earlier state court decision that upheld the conviction.

His attorney, Jennifer Kinsley, said they may press the case further.

“Ricardo Woods is innocent, his conviction was unconstitutional, and we will continue exploring all options to prove his innocence in court,” including possibly asking that the case be reviewed by the full Sixth Circuit Court or the U.S. Supreme Court, Kinsley said in an email.

Woods was sentenced to 36 years to life in prison on murder and other charges after unsuccessfully challenging the reliability of the blinking testimony during his trial, which drew national attention.