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October 02, 2012 03:48 PM

Moeller Attorney Files Stipulation For Dismissal

sioux falls, sd

A South Dakota attorney who has been representing convicted killer Donald Moeller in state court has filed a stipulation of dismissal in a federal case over whether South Dakota's one-drug capital punishment procedure is constitutional.

Moeller is scheduled to be executed in late October or early November in the 1990 killing of 9-year-old Becky O'Connell.

Attorney Mark Marshall wrote in his filing Tuesday that the matter is dismissed with prejudice based on a federal rule of civil procedure. Marshall had previously been listed as an interested party in the case but is now listed as one of Moeller's attorneys.

A response by the Little Rock, Ark.-based federal public defender's office that has been representing Moeller in the case was filed under seal.

Neither would comment on the filing.

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