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MOELLER v. WEBER

No. 22510.

689 N.W.2d 1 (2004)

2004 SD 110

Donald E. MOELLER, Petitioner and Appellant, v. Douglas L. WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided October 6, 2004.

Attorney(s) appearing for the Case

Mark F. Marshall of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellant.

Lawrence E. Long, Attorney General, Grant Gormley, Assistant Attorney General, Craig M. Eichstadt, Robert Mayer, Deputy Attorneys General, Gary Campbell, Sherri Sundem Wald, Assistant Attorneys General, Pierre, for appellee.

KONENKAMP, Justice.

[¶ 1.] Petitioner, Donald Moeller, was tried, convicted, and sentenced to death for the rape and murder of a nine-year-old girl. He applied for a writ of habeas corpus in the circuit court. We affirm the circuit court's denial of relief.

Background

[¶ 2.] On May 8, 1990, nine-year-old Becky O'Connell was abducted after she visited a local store in Sioux Falls. Moeller had also been a customer there. After Becky left...

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