A 9th Circuit Court of Appeals has denied Arizona Attorney General Tom Horne's petition to reconsider a lower court's decision to toss out the conviction of Debra Milke.
Milke was convicted and sentenced to death in the 1989 killing of her 4-year-old son -- but her conviction was tossed out last month.
Prosecutors failed to disclose the lead detective, who claimed he obtained a confession from Milke, had past misconduct issues.
Attorney General Horne says he will appeal to the U.S. Supreme Court.
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