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| Supreme Court may allow SD Death Row inmate to hold federal appeal |
| By Associated Press |
| Published: 03/31/2005 |
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The U.S. Supreme Court has sided with a South Dakota death-row inmate. Wednesday's ruling by the nation's highest court may allow Charles Russell Rhines to put his federal appeal on hold until state courts finish reviewing his challenges to his conviction for a 1992 murder. A federal appeals court had ruled that federal Judge Karen Schreier could not freeze the clock on Rhines' federal appeal while he returned to state court with legal claims that had not been exhausted in state court. The Supreme Court sent the case back to the appeals court. The justices say it is permissible to put a federal appeal on hold while Rhines returns to state court, but only if he shows a good reason why those claims were not handled earlier in state court. The Anti-terrorism and Effective Death Penalty Act of 1996 contains a one-year statute of limitations that could have barred Rhines from coming back to federal court. Rhines was convicted of killing a former co-worker during the 1992 burglary of a Rapid City doughnut shop. |
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