Attorney General Marty Jackley says convicted murderer Charles Rhines won't get a second chance with the Eighth Circuit Court of Appeals.
Rhines' case was heard by three judges who issued an opinion in August that he is not entitled to have his conviction overturned. Rhines then asked that all active judges in the Eighth Circuit reconsider that outcome.
Jackley says the Eighth Circuit has rejected that request, and Rhines can now appeal his case to the U.S. Supreme Court.
After the August opinion came out, Jackley outlined possible next steps. He says after appeals are exhausted, he will file a warrant for execution.
Jackley says the request will be sent to the current Seventh Circuit judge assigned to replace the trial judge who has long since retired.
Rhines was convicted in January 1993 for killing 22-year-old Donnivan Schaeffer during a doughnut shop burglary.