DONALD EUGENE MOELLER

DOB: March 21, 1981
Race: White
Gender: Male

County of conviction: Lincoln
Number of counts: One

Race of victim: White
Gender of victim: Female
Date of crime: May 8, 1990
Date of sentencing: June 5, 1997

Trial Counsel:

Mike Butler (first trial)

David Gienapp (first trial)

Scott Abdallah (second trial)

Current proceedings:

• Petition for habeas corpus pending in the U.S. District Court, Case No. 4:04-cv-04200-LLP (before Piersol, J.)

Last judicial decision:

• Denial of habeas corpus affirmed by Moeller v. Weber, 689 N.W.2d 1 (S.D. 2004)

Current counsel:

Mark Marshall
206 West 14th Street
Sioux Falls, SD 57104
605-336-2880

Reported Opinions:

• Denial of habeas corpus affirmed by Moeller v. Weber, 689 N.W.2d 1 (S.D. 2004).
   
• Sentence and conviction affirmed after earlier remand. State v. Moeller, 616 N.W.2d 424 (S.D. 2000).
   
• Conviction and sentence vacated and remanded. State v. Moeller, 548 N.W.2d 465 (S.D. 1996).

Significant legal issues:

• admissibility under Daubert of state's "soil expert" testimony, and state's undisclosed destruction of the soil itself, which questionably linked Mr. Moeller to the crime scene
   
• proportionality review conducted by South Dakota Supreme Court, which ignores death-eligible cases in which the death penalty is not imposed
   
• admissibility of APO-B DNA evidence
   
• trial counsel's refusal to participate in pretrial proceedings regarding DNA evidence, citing lack of time to prepare.
   
• trial judge's refusal to answer jurors' question on the meaning of "life without parole"

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