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

Judge rejects Moeller stay of execution

Posted: Updated:

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.

  • New exhibition opens at historical society museum

    New exhibition opens at historical society museum

    Monday, April 21 2014 10:02 AM EDT2014-04-21 14:02:47 GMT
    The Museum of the South Dakota State Historical Society has debuted a new exhibition that showcases the work of Lakota artist Arthur Amiotte. The exhibition is on display at the Cultural Heritage Center in Pierre. It includes 50 original and reproduced works. A reproduction of Amiotte's "Wounded Knee 3" collage is part of the exhibition. The original piece is part of a traveling collection currently on display at the Quai Branly Museum in Paris. Jay Smith is the director of historical society...More >>
    The Museum of the South Dakota State Historical Society has debuted a new exhibition that showcases the work of Lakota artist Arthur Amiotte. The exhibition is on display at the Cultural Heritage Center in Pierre. It includes 50 original and reproduced works. A reproduction of Amiotte's "Wounded Knee 3" collage is part of the exhibition. The original piece is part of a traveling collection currently on display at the Quai Branly Museum in Paris. Jay Smith is the director of historical society...More >>
  • Earth Day Cleanup Tuesday along US Highway 12

    Earth Day Cleanup Tuesday along US Highway 12

    Monday, April 21 2014 9:41 AM EDT2014-04-21 13:41:24 GMT
    The Leadership Partners of North Central South Dakota are asking for help with the Earth Day Cleanup on Tuesday. The group plans to clean up a stretch of U.S. Highway 12 from the west side of Selby to the west side of Mobridge, from 2 p.m. to 7 p.m. Those wishing to participate can join the effort at the Selby Motel at 2 p.m., at Hogies in Glenham at 4 p.m. or at the Alco in Mobridge at 6 p.m. Times may vary slightly depending on the number of volunteers participating.More >>
    The Leadership Partners of North Central South Dakota are asking for help with the Earth Day Cleanup on Tuesday. The group plans to clean up a stretch of U.S. Highway 12 from the west side of Selby to the west side of Mobridge, from 2 p.m. to 7 p.m. Those wishing to participate can join the effort at the Selby Motel at 2 p.m., at Hogies in Glenham at 4 p.m. or at the Alco in Mobridge at 6 p.m. Times may vary slightly depending on the number of volunteers participating.More >>
  • App to track allergy season

    App to track allergy season

    App to track allergy season

    Monday, April 21 2014 12:09 AM EDT2014-04-21 04:09:59 GMT
    Unfortunately, this season is not looking good. But there is a different way you can track the season this year and it is by using your phone.More >>
    Unfortunately, this season is not looking good. But there is a different way you can track the season this year and it is by using your phone.
    More >>
  • Avera Medical Minute AQoP: Emergency Care for RSV Scare

    Avera Medical Minute AQoP: Emergency Care for RSV Scare

    Sunday, April 20 2014 10:30 PM EDT2014-04-21 02:30:09 GMT
    What would you do if your toddler was having trouble breathing? RSV is a very scary condition that puts hundreds of kids in the hospital every year. But getting quick emergency care can help relieve parentMore >>
    What would you do if your toddler was having trouble breathing? RSV is a very scary condition that puts hundreds of kids in the hospital every year. But getting quick emergency care can help relieve parent stress as well as a child's symptoms.More >>
  • Man injured in motorcycle crash near Baltic

    Man injured in motorcycle crash near Baltic

    Sunday, April 20 2014 9:00 PM EDT2014-04-21 01:00:58 GMT
    A man is in critical condition after a motorcycle crash near Baltic, according to Minnehaha County authorities.More >>
    A man is in critical condition after a motorcycle crash near Baltic, according to Minnehaha County authorities.More >>
  • Minnesota runners head to Boston in unity, tribute

    Minnesota runners head to Boston in unity, tribute

    Minnesota runners head to Boston in unity, tribute

    Sunday, April 20 2014 3:54 PM EDT2014-04-20 19:54:35 GMT
    More than 600 Minnesota marathoners will line up for the start of the Boston Marathon this year, including 212 who ran last year and say they're going back to finish what they started.More >>
    More than 600 Minnesota marathoners will line up for the start of the Boston Marathon this year, including 212 who ran last year and say they're going back to finish what they started.More >>
  • Law enforcement searching for missing Rapid City inmate

    Law enforcement searching for missing Rapid City inmate

    Law enforcement searching for missing Rapid City inmate

    Sunday, April 20 2014 3:43 PM EDT2014-04-20 19:43:37 GMT
    Department of Corrections staff members and local law enforcement are searching for a missing state prison inmate in Rapid City.More >>
    Department of Corrections staff members and local law enforcement are searching for a missing state prison inmate in Rapid City.More >>
  • Woman dies in rock climbing incident in SD

    Woman dies in rock climbing incident in SD

    Woman dies in rock climbing incident in SD

    Sunday, April 20 2014 2:51 PM EDT2014-04-20 18:51:49 GMT
    Authorities say a 39-year-old woman has died as a result of injuries sustained from a fall while rock climbing in western South Dakota...More >>
    Authorities say a 39-year-old woman has died as a result of injuries sustained from a fall while rock climbing in western South Dakota...More >>
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.