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kosalek who was convicted of murder in 1990 of wife, cheryl. her request for medical care date back when she was first incarcerated. the court said the surgery is the only adequate care and failing to provide it, violates her constitutional rights. joining me now on the phone from massachusetts, boston globe reporter milton valencia, milton, with the back and forth and now with the federal appeals court upholding the ruling. is this a done deal? >> the state spent a lot of money challenging this unbeingfully. they can bring this before and you had 90 judges sitting on the panel. they can bring this to the u.s. supreme court and they can decide. it's the battle. do they want to pick this or

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