Judge rejects Moeller stay of execution - KSFY News - Sioux Falls, SD News, Weather, Sports

Judge rejects Moeller stay of execution

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Attorney General Marty Jackley announced Tuesday that Federal District Judge Lawrence L. Piersol denied the Motion for a Stay of Execution in the Donald Moeller case challenging the method of lethal injection.

The Court ruled that the emergency motions for appointment of next friend or guardian ad litem in this action is denied and that the appointment for the Arkansas Federal Public Defender as counsel for Moeller is terminated.

The Court further ordered "that the Motions for Stay of Execution is denied as there is no further jurisdiction now that the inquiry into Ms. Nichols' Motion for Stay of Execution is finished and the Motion found to be without merit."

A Notice of Appeal has been filed on behalf of Donald Moeller with the 8th Circuit Court of Appeals on Friday October 19, 2012, and a briefing scheduled has been ordered.

"The law requires the State Court sentence to be carried out during the week of Sunday, October 28 through Saturday, November 3, unless the Governor or a Court having jurisdiction stays the proceeding.

No stay has been issued at this time, and the United States Supreme Court has made it clear that a challenge to the method of execution does not entitle an inmate to an automatic stay of the proceeding," said Jackley.

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