The US Supreme Court Wednesday refused to postpone the execution of an Arizona man. Frank Atwood received a death sentence in Arizona after he murdered an 8-year-old girl in 1984.

In the released order, the court denied Atwood’s request to postpone his execution. Atwood was convicted for the murder of 8-year-old Vicki Lynne Hoskinson in 1984.  Hoskinson went missing after she left her home in Tucson, Arizona, to mail a birthday card to her aunt. Hoskinson’s body was recovered 20 miles from her in the Sonoran Desert.

Atwood filed an appeal with the court earlier this week. In the appeal Atwood argued that death by lethal injection would cause him “excessive and unconstitutional pain” because of a degenerative spinal condition. He also argued that the police withheld evidence that would show that there was another suspect. Atwood claims a 1975 California conviction was an “aggravating factor” in his 1984 Arizona conviction, which he argued should disqualify him from the death penalty.  The state, however, argued Atwood had over 36 years to appeal his conviction and failed to do so.

 Debbie Carlson, the mother of Hoskinson said: “Today marks final justice for our daughter, Vicki Lynne. Our family has waited for 37 years, eight months and 22 days for this day to come.”

Atwood died at 10:16am Wednesday. Atwood’s death comes after Arizona executed Clarance Dixon in late May.