The 8th Circuit Court of Appeals has dismissed the last attempt filed to delay a South Dakota prisoner’s execution. The court accepted a request for dismissal after a woman who claimed to be Donald Moeller’s friend filed paperwork to stay his execution then quickly asked the court to throw it out.
The American Civil Liberties Union also has filings into federal court. The organization wants the 8th Circuit to unseal court documents that detail South Dakota’s lethal injection protocol. Attorney General Marty Jackley the ACLU doesn’t request the court delay Moeller’s execution.
"So at this point, the ACLU has filed a notice of appearance or that they’re going to be involved in the case, but their request for release at this point has only been to unseal certain documents that relate to the execution personnel and drug sources," Jackley says. "And so at this point they have not asked for any stay of proceedings."
Jackley says some of the information the ACLU wants is subject to a court order and other details aren’t public because a state law protects the safety of people involved in a lethal injection.