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RHINES v. YOUNG

No. 18-2376.

941 F.3d 894 (2019)

Charles Russell RHINES, Petitioner-Appellant, v. Darin YOUNG, Warden, South Dakota State Penitentiary, Respondent-Appellee. American Civil Liberties Union; American Civil Liberties Union of South Dakota; GLBTQ Legal Advocates and Defenders; Lambda Legal Defense and Education Fund; National Center for Lesbian Rights; National LGBT Bar, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 25, 2019.

Attorney(s) appearing for the Case

Alexander Louis Kursman , Assistant Federal Public Defender, Stuart Lev , Assistant Federal Public Defender, FEDERAL COMMUNITY DEFENDER OFFICE, Capital Habeas Unit, Claudia Van Wyk , Assistant Federal Public Defender, FEDERAL COMMUNITY DEFENDER OFFICE, Philadelphia, PA, Jason J. Tupman , Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Sioux Falls, SD, for Petitioner Appellant.

Charles Russell Rhines, Pro Se.

Paul Sanford Swedlund , Sherri Sundem Wald , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Pierre, SD, for Respondent-Appellee.

Courtney Bowie , Brian Stull , AMERICAN CIVIL LIBERTIES UNION, Sioux Falls, SD, Leslie Cooper , Ria A. Tabacco Mar , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Ethan Rice , LAMBDA LEGAL, New York, NY, for Amici on Behalf of Appellant(s).

Before Loken, Gruender, and Kelly, Circuit Judges.

Charles Russell Rhines is an inmate at the South Dakota State Penitentiary, sentenced to death for the March 1992 murder of Donnivan Schaeffer at a donut shop in Rapid City, South Dakota. Rhines has exhausted all direct appeals and applications for state and federal post-conviction relief. See Rhines v. Young,

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