Scott Peterson´s lawyer asked a state appeals court today to delay the penalty phase of his client´s murder trial.
But the court just as quickly denied the petition seeking to overturn a ruling that allows the same jury that convicted Peterson to decide whether he lives or dies for his crimes.
The move came a day after a judge denied a defense motion to seat a new jury and move the case to another county.
Attorney Mark Geragos filed the petition for a writ with the 1st District Court of Appeal in San Francisco.
The appeals court refused to intervene, clearing the way for the case to be sent to jurors as scheduled on Tuesday.
But Geragos is expected to now ask the state Supreme Court to delay the proceedings.
Meanwhile, details emerged today on why the original jury foreman was dismissed during deliberations in the guilt phase of Peterson´s trial.
The San Francisco Chronicle and San Jose Mercury News are reporting that papers filed by defense attorney Mark Geragos claim that foreman Gregory Jackson wanted out because other jurors had become hostile to him.
Prosecutors say Jackson retracted the claims when asked by the judge.