Legal Opinion

Moeller v. Weber

South Dakota Supreme Court

Decided October 6, 2004No. NonePublishedCited by 36 opinions

1Opinion of the Court

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. Moel-ler had also been a customer there. After Becky left the store, a witness saw her presumably heading home. The witness also testified that he noticed Moeller moving toward Becky and Becky shying away from him.…

2Cases cited42 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Ring v. ArizonaSupreme Court of the United States · 2002

37 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. TollardoNew Mexico Supreme Court · 2012
  2. State v. Azad Haji AbdullahIdaho Supreme Court · 2015
  3. Hughes v. StateSupreme Court of Florida · 2005
  4. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011
  5. State v. PiperSouth Dakota Supreme Court · 2006

31 more not listed; retrieve them via the Exa API.

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