Appeals Court Dismisses Execution Challenge
by Associated Press
October 29, 2012 12:01 PM
The 8th U.S. Circuit Court of Appeals has dismissed a challenge of South Dakota's execution protocol, clearing the way for Donald Moeller's execution on Tuesday.
Sioux Falls resident Donna Nichols had tried to stay the execution and intervene in the case, but U.S. District Judge Lawrence Piersol denied the motion. She appealed but then decided to ask for a dismissal.
Authorities say Moeller kidnapped O'Connell from a Sioux Falls convenience store in 1990, drove her to a secluded area near the Big Sioux River, then raped and killed her. Her naked body was found the next day.
Attorney General Marty Jackley says state law requires the sentence to be carried out as scheduled unless South Dakota's governor or a court having jurisdiction stays the proceeding.