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November 22, 2011 12:26 PM

Federal Court Denies Moeller Appeal To Rehear Case

sioux falls, sd


A federal appeals court has denied a request from South Dakota death row inmate Donald Moeller for a rehearing.
 
Attorney General Marty Jackley says the U.S. 8th Circuit Court of Appeals denied Moeller's petition to rehear his case on Tuesday.  Moeller's attorneys argued there were constitutional violations at the 1997 trial where he was convicted of raping and murdering a 9-year-old Sioux Falls girl. He was sentenced to death and the State Supreme Court affirmed the sentence.

An appeal to the State Circuit Court and federal district court were also denied.

Moeller has 90 days to ask the U.S. Supreme Court to hear his case.

The 59-year-old Moeller is challenging South Dakota's death penalty in a separate court case.
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