The state of Arkansas request for a new appeal hearing concerning claims from a Miller County man on death row have been turned down.The 8th U.S. Circuit Court of Appeals yesterday denied a petition from the state to hold a new hearing on the case of Andrew Sasser, He was found guilty of the 1993 rape and murder of an EZ Mart clerk Jo Ann Kennedy.

A federal hearing will eventually determine whether the inmate can argue that he is mentally retarded and ineligible for execution. .