PHOENIX -- A federal appeals court has denied a request to reconsider a ruling that could result in freedom for an Arizona death row inmate.
A panel of the 9th U.S. Circuit Court of Appeals had overturned the conviction of Debra Milke, who was sentenced to death for the killing of her 4-year-old son. The panel said prosecutors failed to provide the defense with evidence about the credibility of a key witness.
Arizona Attorney General Tom Horne asked the court to reconsider or have the appeal heard by the full court. His request was denied Monday.
A spokeswoman for Horne tells the Arizona Republic that that a decision will be made promptly on whether to petition the U.S. Supreme Court for review.
Prosecutors otherwise would have to decide whether to retry Milke.