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Friend Of Moeller Wants Execution Stayed

A South Dakota death row inmate who gave up all of his appeals has to return to federal court next week. That’s because an outside attorney has filed paperwork requesting a judge stay his planned execution.

Monday Donald Moeller must appear before Judge Lawrence Piersol in Sioux Falls. Donna Nichols is listed in court papers as a friend of Moeller’s. She asks the judge to prevent Moeller’s execution by lethal injection, which is scheduled for the week of October 28, 2012.

South Dakota Attorney General Marty Jackley says Moeller himself admitted his guilt and accepts the death penalty. He has two main arguments planned for Monday.

"The state’s position is that the petitioner filing the request for stay does not have legal standing or the legal ability to make these claims," Jackley says.

Jackley says he also plans to argue that, even if temporarily postponed, it’s likely the court would uphold South Dakota’s lethal injection protocol and Donald Moeller would be executed.

Kealey Bultena grew up in South Dakota, where her grandparents took advantage of the state’s agriculture at nap time, tricking her into car rides to “go see cows.” Rarely did she stay awake long enough to see the livestock, but now she writes stories about the animals – and the legislature and education and much more. Kealey worked in television for four years while attending the University of South Dakota. She started interning with South Dakota Public Broadcasting in September 2010 and accepted a position with television in 2011. Now Kealey is the radio news producer stationed in Sioux Falls. As a multi-media journalist, Kealey prides herself on the diversity of the stories she tells and the impact her work has on people across the state. Kealey is always searching for new ideas. Let her know of a great story! Find her on Facebook and twitter (@KealeySDPB).
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