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FAYETTEVILLE, NC (AP) — A federal appeals court has refused to consider a request for a new trial for a former Fayetteville psychologist convicted in her husband’s death.

The Fayetteville Observer reported that the 4th US Circuit Court of appeals has rejected the request from 42-year-old Michelle Theer.

She was convicted in 2004 of first-degree murder in the slaying of her husband, Air Force Capt. Marty Theer.

Capt. Theer was ambushed outside his wife’s office in December 2000.

Investigators say Theer set up the ambush with a co-defendant, John Diamond, with whom she was having an affair.

Diamond is a former Fort Bragg soldier who is also trying to get a new trial. A military appeals court rejected his latest request in October.

(Copyright 2011 by The Associated Press. All Rights Reserved.

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