Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

Federal Appellate Court Dismisses Moeller Appeal

FOR IMMEDIATE RELEASE :   Monday, October 29, 2012
CONTACT:  Sara Rabern (605)773-3215


Federal Appellate Court Dismisses Moeller Appeal


PIERRE SD- Attorney General Marty Jackley announced today that Federal 8th Circuit Court of Appeals  has dismissed the appeal filed in the Moeller case and has issued its judgment and mandate.

A Notice of Appeal had been filed on behalf of Donald Moeller with the 8th Circuit Court of Appeals on Friday October 19, 2012, and a briefing scheduled had been ordered.

“The law requires the State Court sentence to be carried out tomorrow at 10 p.m., as scheduled by the Warden, unless the Governor or a Court having jurisdiction stays the proceeding. No stay has been issued at this time,” said Jackley.

The American Civil Liberties Union (ACLU) has additionally filed a notice of appearance and a request to the trial court to unseal certain documents containing information about execution personnel and drug sources. The trial court has asked the parties to respond to the ACLU’s request by November 1, 2012.  “Some of the requested information is shielded under a Court Order and State Law protecting the anonymity and safety of certain persons involved in executions,” stated Attorney General Jackley.