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Court declines to hear arguments for condemned Arizona man

The U.S. 9th Circuit Court of Appeals denied the request made on behalf of Frank Atwood, convicted in the killing of Vicki Hoskinson.

PHOENIX — A federal appeals court has denied a request by lawyers for an Arizona man facing execution next month to be allowed to make new arguments in an effort to overturn his death sentence in the 1984 kidnapping and killing of an 8-year-old Tucson girl. 

The U.S. 9th Circuit Court of Appeals on Friday denied the request made on behalf of Frank Atwood, convicted in the killing of Vicki Hoskinson. 

Atwood is scheduled to die on June 8.

Atwood’s legal team wanted to make three new arguments, but the appeals court agreed with lawyers for the state that Atwood’s lawyers did not meet the criteria to present new evidence in federal court.

The development comes after the state's clemency board rejected a plea on Tuesday to spare his life.

Arizona executed convicted murderer Clarence Dixon by lethal injection on May 11.

It was the first execution in the state since 2014.

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