High Court judges have refused permission for the case of locked-in syndrome sufferer Tony Nicklinson, who died shortly after losing a landmark right-to-die legal battle, to go to the Court of Appeal.
But they announced that a second sufferer of the syndrome, who also lost his case at the High Court in August, has been given the go-ahead for his action against the Director of Public Prosecutions to be heard by appeal judges.
The parties were informed of the appeal decisions, made by Lord Justice Toulson, Mr Justice Royce and Mrs Justice Macur, in a written ruling.
Stroke victim Mr Nicklinson, a 58-year-old father-of-two from Melksham, Wiltshire, died a week after he lost his court fight to end his life when he chose with a doctor's help.
He had been refusing food and contracted pneumonia, dying surrounded by his family on August 22. His wife Jane vowed to carry on the case.
The judges said they were "deeply conscious of her suffering" since Mr Nicklinson's stroke, but said they did "not consider that the proposed appeal has any real prospect of success".
They turned down an application by Mrs Nicklinson to be made a party to the proceedings.
The second sufferer, who cannot be named for legal reasons, but is known as AM or Martin, suffered a massive stroke in August 2008.
He is unable to speak, is virtually unable to move and describes his life as "undignified, distressing and intolerable" - he wants to be allowed a "dignified suicide".
His lawyers said the High Court ruling deprived 47-year-old Martin of "the opportunity to take the necessary steps to end his own life".
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