Circuit Judge Michael Town issued the ruling after hearing arguments from the defense and prosecution on May 25.

Deputy Public Defender Todd Eddins, who represents Tayshea Aiwohi in the first case of its kind in Hawai'i, earlier argued that no other state has successfully prosecuted a mother for the harm her actions may have caused her child prior to birth.

But city Deputy Prosecutor Glenn Kim argued that the "clear language" of Hawai'i’s manslaughter law makes no exception for "women who kill their babies by using ice during their pregnancies."

Town’s decision clears the way for the case to go to trial, scheduled for the week of July 12.

Town ruled that state law does not provide immunity for "a mother’s actions allegedly harming her fetus which is later born alive and dies."

The judge said the case :understandably raises emotionally and charged legal and social issues."

He said concerns raised by the case are best directed at the state legislature and other policy makers.

"The trial courts have specific and separate constitutional duties under the law, which do not include social policy concerns,” he said.