South Dakota Attorney General Marty Jackley plans to ask a judge Wednesday to set the execution date of convicted killer Donald Moeller within 90 to 120 days.
The U.S. Supreme Court last month refused to hear an appeal of Moeller's conviction, but his 2004 federal lawsuit arguing the state did not follow procedures in setting its execution method is pending.
Jackley wants a Minnehaha County circuit court to move forward with the warrant of execution on Moeller, who was convicted in the 1990 rape and killing of 9-year-old Becky O'Connell of Sioux Falls.
He says a warrant may be issued from state court independent of a pending action in federal court.
The state is suggesting that the court schedule Moeller's execution for the week of Oct. 28 through Nov. 3.
KELOLAND News will stream the hearing live on KELOLAND.com. You can watch it on our Live Coverage page when it begins at 11 a.m.