- Associated Press - Monday, October 27, 2014

CINCINNATI (AP) - A federal appeals court has upheld the death sentence for the condemned killer of a Toledo woman, rejecting arguments that he is mentally disabled and received poor legal assistance.

The 6th Circuit Court of Appeals also rejected a claim by death row inmate James Frazier that the death penalty amounts to unconstitutionally cruel and unusual punishment.

The court’s ruling Monday involved the death sentence given Frazier for the 2004 slaying of 49-year-old Mary Stevenson in her apartment, in the same building where Frazier lived.

The court said a lower court had properly determined that the 73-year-old Frazier failed to present enough evidence of being mentally disabled and thus ineligible for the death penalty.

Frazier’s attorney, David Doughten, says he will appeal to the U.S. Supreme Court.

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