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RHINES v. WEBER

No. 00-5020-KES.

408 F.Supp.2d 844 (2005)

Charles Russell RHINES, Petitioner, v. Douglas WEBER, Warden, South Dakota State Penitentiary Respondent.

United States District Court, D. South Dakota, Western Division.

December 19, 2005.

Attorney(s) appearing for the Case

John A. Schlimgen, Stuart, Gerry & Schlimgen, Roberto Antonio Lange, Davenport, Evans, Hurwitz & Smith, Michael J. Butler, Sioux Falls, SD, for Petitioner.

Craig M. Eichstadt, Gary R. Campbell, Grant Edward Gormley, Mark W. Barnett, Sherri Sundem Wald, Attorney General's Office, Pierre, SD, for Respondent.

ORDER GRANTING MOTION FOR STAY AND ABEYANCE

SCHREIER, District Judge.

PROCEDURAL HISTORY

Petitioner, Charles Rhines, was convicted of premeditated first-degree murder and third-degree burglary. On January 26, 1993, a jury sentenced him to death by lethal injection. Petitioner appealed his conviction and sentence to the South Dakota Supreme Court. Fourteen issues were raised on direct appeal, including the excuse of prospective juror Diane Staeffler...

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