A federal appeals court has dismissed a request that would have stayed Tuesday night’s planned execution of a South Dakota death row inmate.
A friend of convicted child killer Donald Moeller filed the appeal with the 8th Circuit, but asked the court dismiss her request. The appeals court agreed on a dismissal.
South Dakota Attorney General Marty Jackley says there’s no stay issued for Moeller’s lethal injection, which is set for Tuesday night at 10 p.m.
He notes the American Civil Liberties Union has filings into the courts. The ACLU wants documents detailing lethal injection protocols unsealed.
Even with that request, Jackley notes no court has ruled Moeller’s execution should be delayed.
