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STATE v. MOELLER

Nos. 20127, 20154.

616 N.W.2d 424 (2000)

2000 SD 122

STATE of South Dakota, Plaintiff and Appellee, v. Donald Eugene MOELLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 30, 2000.

Rehearing Denied October 31, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Craig Eichstadt, Deputy Attorney General, Sherri Sundem Wald, Gary Campbell, Grant Gormley, Assistant Attorneys General, Pierre, for plaintiff and appellee.

Michael J. Butler, Sioux Falls, David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant.

MILLER, Chief Justice

[¶ 1.] Donald Moeller was previously tried, convicted and sentenced to death for the 1990 rape and murder of Rebecca O'Connell. We reversed that conviction in State v. Moeller, 1996 SD 60, 548 N.W.2d 465 (Moeller I). At his second trial Moeller was again convicted of first-degree rape and first-degree murder and was sentenced to death. He challenges, among other things, the denial of various...

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