Judge allows Moeller to dismiss federal challenge - KSFY News - Sioux Falls, SD News, Weather, Sports

Judge allows Moeller to dismiss federal challenge

Posted: Updated:

SIOUX FALLS, S.D. (AP) - A judge is allowing a South Dakota death row inmate to dismiss his case challenging the constitutionality of South Dakota's execution protocol, clearing the way for his upcoming execution.

Donald Moeller is set to die the week of Oct. 28 for the 1990 slaying of 9-year-old Becky O'Connell. He wrote Judge Lawrence Piersol from the state penitentiary on Tuesday saying he no longer wants to be represented by Arkansas-based federal public defenders and wants the federal case bearing his name dismissed.

The Arkansas attorneys say Moeller is incompetent and incapable of making voluntary and rational decisions. They wanted to press forward with arguments.

The case has focused on whether South Dakota's use of the lethal injection drug pentobarbital in a one-drug method would inflict cruel and unusual punishment.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KSFY. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service or our EEO Report.