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MOELLER v. WEBER

No. 10-2069.

649 F.3d 839 (2011)

Donald E. MOELLER, Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2011.

Attorney(s) appearing for the Case

Julie Pitt , AFPD, argued, Deborah Anne Czuba , AFPD, on the brief, Little Rock, AR, for appellant.

Sherri Sundem Wald , AAG, argued, Craig Martin Eichstadt , AAG, on the brief, Pierre, SD, for appellee.

Before COLLOTON and BENTON, Circuit Judges, and KOPF, District Judge.

KOPF, District Judge.

A South Dakota jury convicted Donald E. Moeller of first-degree murder and first-degree rape, and sentenced him to death. After the South Dakota Supreme Court affirmed his conviction and sentence and upheld the denial of his state habeas corpus petition, Moeller filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court2 denied Moeller's petition and we affirm.

I.

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