Moeller federal case dismissed, execution to proceed as schedule - KSFY News - Sioux Falls, SD News, Weather, Sports

Moeller federal case dismissed, execution to proceed as schedule

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Another development in the Donald Moeller case.

A federal judge has ruled Moeller is competent to make decisions about his civil rights.

Last week, a public defender argued in court the state's death penalty procedure violates the constitution amendment against cruel and unusual punishment.

Moeller asked for the case to be dismissed.

This means the court believes Moeller knows what he's doing in asking his execution takes place as planned.

Moeller appeared in federal court last week with several requests for the judge.

Moeller wanted the public defender's case dismissed and today he got his wish.

A federal judge grants Donald Moeller three wishes he made in court.

Scott Braden, an Arkansas public defender argued in federal court Moeller was not rational to make any choices about his civil rights.

Braden said Moeller wasn't competent enough to make decisions about moving forward with his execution.

The public defender attempted to appoint a legal guardian for Moeller to make decisions for him.

In turn, Moeller said in court the Arkansas-based public defender was not working for him but for the attorneys own interests.

Then, he asked to have the public defender removed from his case.

Moeller said he didn't need a legal guardian

And asked for the civil rights appeal to be dismissed.

The judge ruled in Moeller's favor on those requests.

He denied the public defender's appeal to stop the execution.

He denied the public defender's request to appoint a legal guardian for Moeller.

And the judge terminated the public defender's representation of Moeller.

Donald Moeller is scheduled to be executed sometime during the week of Sunday, October 28th through Saturday, November 3rd.

KSFY News spoke with former Lincoln County states attorney Jeff Masten on the phone to get his thoughts about the latest developments.

He prosecuted the Moeller case 20 years ago.  Today he released a statement.

"It's a sense of relief that it looks like things are coming to a conclusion after 22 years."

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