Shaynna Sims' attorney wanted her arrest thrown out, saying it was improper, and if her arrest gets thrown out, all the evidence found on her gets thrown out as well.
The judge says that is not going to happen in this case.
Prosecutors say Sims went to a funeral home, cut the face and groin and removed a toe and breasts of Tabitha Lynch, who was in the casket.
They say Sims took pictures of Lynch's body on her cell phone and stole the victim's shoes from inside the casket.
They say Sims then went to the victim's apartment and told the family she needed a picture of the victim for the funeral home, so they invited her in.
They quickly got news from the funeral home and called police, who arrested Sims for burglary, and as part of that arrest, searched her.
They found a knife wrapped with hair and pliers and later recovered Sims' cell phone with the pictures and the victim's shoes.
Her attorney said Sims should never have been arrested for burglary because she didn't break in.
"She did have permission to enter that apartment," attorney Chad Greer said.
He said if the arrest was illegal, so was the search and all the evidence found should be tossed.
The prosecutor says it's still burglary if you lie to get in.
"She did go into the victim's residence unlawfully by saying she was from the funeral home, so they let her in," assistant district attorney Tanya Wilson said.
The judge agreed. The prosecutor did dismiss the larceny charge of stealing the shoes from the casket, because technically, you can only steal property from someone who's living.
Her attorney says they are disappointed by the Friday's ruling.
The judge says she will set a trial date sometime this year or early next year.
Sims remains in the Tulsa County jail.