The mother of murdered Rotorua toddler Nia Glassie intends to take her appeals against conviction and sentence to the Supreme Court.
The Court of Appeal ruled on Tuesday that Lisa Kuka's nine-year prison term stands.
Her lawyer Mele Tuilotolava argued the trial evidence didn't conclusively prove Kuka's failure to seek timely medical treatment for her daughter was a substantial cause of death.
She says the testimony of the key Crown witness, consultant paediatrician Dr Kelly, did not appear to meet the burden of proof beyond reasonable doubt.
Mele Tuilotolava says Dr Kelly's evidence amounted to saying that the girl would probably have been saved if she had been presented for treatment sooner.
She says the Court of Appeal judgement seems to set an odd precedent for New Zealand law.