The 7th District Court of Appeals has denied Mark Brown's appeal for a new trial.
The court, Tuesday, ruled that Valley Judge Maureen Sweeney made the proper ruling when denying Brown's request for a new trial because he did not meet the correct criteria.
Brown was sentenced to die for the 1994 fatal shooting of Midway Market owner, Isam Salman, and got life in prison for killing the clerk, Hayder Al Turk.
Last month, Sweeney denied Brown a retrial, requested after his lawyers said there was new evidence in the case. Specifically, they said one witness in Brown's original trial had lied in his testimony.
The state parole board has recommended against clemency. Monday, the Ohio Supreme Court rejected a stay of execution request.
