A federal hearing on the constitutionality of South Dakota's one-drug capital punishment procedure will go on as planned Thursday, and convicted killer Donald Moeller will be there.
Judge Lawrence Piersol, faced with an apparent attorney tug-of-war in the case, ruled Wednesday that Moeller must be present to determine whether he agrees with attorney Mark Marshall's filing to dismiss the case.
Attorneys with the federal public defender's office in Little Rock, Ark., have been representing Moeller in the federal case. They contend that the execution method that will likely use pentobarbital violates the constitutional ban on cruel and unusual punishment.
The 60-year-old Moeller is to be executed in late October or early November in the 1990 killing of 9-year-old Becky O'Connell.
Piersol canceled a scheduled viewing of the execution chambers Thursday.
Most Popular Today
- 1.Retail & Restaurants
Hy-Vee Announces Updates To Sioux Falls Stores
- 2.Your Money Matters
Flights Cut/Airfares Rise Out of Sioux Falls
- 3.Retail & Restaurants
Women's Clothier Torrid Coming To Empire Mall
- 4.Retail & Restaurants
Caribou Coffee, Einstein Bagels Opening SF Location
- 5.Recalls, General
Ford Recalls Nearly 423K Vehicles For Power Steering Problem
Software Glitch Can Cause iPhones To Crash
- 7.Your Money Matters
Low Gas Prices To Fuel Summer Travel
Sioux Falls Ranked As Top City For College Grads
- 9.Your Money Matters
Fewer Flights Lead To Higher Prices
Wednesday Morning Business Brief