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.