PHOENIX — The Arizona Supreme Court turned down a request from prosecutors to re-evaluate another court’s published opinion in the Debra Milke murder case.
Milke, who had been on death for over 20 years, was cleared in March of charges that she killed her young son.
Supreme Court Justices deny motion to de-publish Court of Appeals' decision in the case of Debra Milke.
— Az Supreme Court (@AZCourts) April 21, 2015
Downgrading the published opinion to a memorandum decision wouldn’t have
affected Milke’s case but would have meant the decision wouldn’t be a legal
precedent for other cases.
A judge tossed the case March 23, about a week after the state Supreme Court rejected the Maricopa County Attorney’s Office bid for a retrial.
Milke had been free on bond since 2013, when a federal appeals court overturned the 1990 conviction.
The Associated Press contributed to this report.