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Thread: Charles Russell Rhines - South Dakota Execution - November 4, 2019

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    Charles Russell Rhines - South Dakota Execution - November 4, 2019




    Summary of Offense:

    Rhines was convicted of the 1992 torture murder of Donnivan Schaefer in the course of a Rapid City donut shop burglary. He was tried and convicted, and sentenced to death, before a Pennington County jury in 1993. The South Dakota Supreme Court affirmed the conviction in 1996. Rhines sought state post-conviction habeas corpus relief in late 1996.

    Habeas corpus is a procedure where a defendant seeks to overturn his criminal conviction because of allegations that his constitutional rights have been violated at trial. The South Dakota Circuit Court denied habeas corpus to Rhines in 1998, and the South Dakota Supreme Court affirmed this denial on February 9, 2000. Thereafter, Rhines sought habeas corpus relief in the United States District Court. That court held that because certain issues were never raised before the State courts, Rhines could return to State court and raise certain issues there.

    The State appealed the order allowing return to State court without dismissal of the federal petition to the Court of Appeals for the Eighth Circuit. The Eighth Circuit agreed with the State, and said Rhines will have to either pursue the issues he has already raised in the State courts, or dismiss the present habeas case in federal court and return to State court. If he dismisses the present federal habeas petition, he might not be permitted to return a second time to federal court. Rhines’ lawyers asked the United States Supreme Court to review his case, and their request was granted in June 2004. The United States Supreme Court decided that the Court could stay the petition under the appropriate circumstances in a decision dated March 30, 2005.

    When the matter came back before the United States District Court, that Court re-instituted its stay of the federal proceeding and allowed Rhines to pursue further relief before the state courts. At the present time, the matter is pending before the Circuit Court for the Seventh Judicial Circuit on Rhines’s second state habeas petition. That court has required the State to file a return, and the matter is pending before the court await the State’s return.

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    Inmate Personal Information

    Race: White
    Gender: Male


    Crime and Trial Information

    * County of conviction: Pennington
    * Number of counts: One
    * Race of Victims: White
    * Gender of Victims: Male
    * Date of crime: 03/08/1992
    * Date of Sentencing: 01/29/1993


    Legal Status

    Current proceedings: habeas petition stayed in district court pending exhaustion of state habeas claims


    Attorneys

    Charles Rogers
    Neil Fulton
    Jana Miner


    Court Opinions

    State v. Rhines, 548 N.W.2d 415 (S.D.) (affirming
    conviction and sentence), cert. denied, 519 U.S. 1013
    (1996); Rhines v. Weber, 608 N.W.2d 303 (S.D. 2000)
    (affirming denial of state habeas corpus); Rhines v.
    Weber, 2002 WL 33969082 (D.S.D. July 3, 2002) (holding
    in abeyance writ of habeas corpus pending exhaustion of
    claims in state court); Rhines v. Weber, 346 F.3d 799 (8th
    Cir. 2003) (vacating district court's order and remanding
    to district court); Rhines v. Weber, 542 U.S. 936 (2004)
    (granting certiorari); Rhines v. Weber, 544 U.S. 269
    (2005) (vacating and remanding to 8th circuit); Rhines v.
    Weber, 409 F.3d 982 (8th Cir. 2005) (remanding to


    Legal Issues

    1. whether the South Dakota Supreme Court's affirmance of Mr. Rhines' death sentence is valid despite its holding that the "depravity of mind" aggravating circumstance is unconstitutional
    2. whether trial counsels' investigation and presentation of mitigating evidence was adequate
    3. whether the Miranda warnings given to Mr. Rhines before his incriminating statements to police were adequate

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    Administrator Heidi's Avatar
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    Judge sets November trial for Charles Rhines' appeal of his death sentence for 1992 murder

    A judge scheduled a November trial on a convicted murderer's request to reopen his death-penalty case.

    Charles Rhines has filed a petition claiming that South Dakota's death penalty law is unconstitutional.

    He says prosecutors violated his rights, and that his defense attorney made mistakes when Rhines was being sentenced.

    Rhines was convicted of murder and sentenced to death for the March 1992 stabbing death of Donnivan Schaeffer at a Rapid City doughnut shop. The 22-year-old Schaeffer worked at the shop and interrupted Rhines during a burglary.

    Donnivan Schaeffer's parents, Ed and Peggy Schaeffer, attended a hearing Tuesday at which Circuit Judge Thomas Trimble set a Nov. 26 trial date.

    Peggy Schaeffer tells the Rapid City Journal (http://bit.ly/Q1BXZL) the couple doesn't want to have to go through another sentencing trial.

    http://www.therepublic.com/view/stor...ath-Row-Appeal
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    Judge upholds SD man's conviction, death sentence

    PIERRE, S.D. (AP) — A circuit judge has upheld the conviction and death sentence of Charles Russell Rhines for the 1992 slaying of a man during the burglary of a Rapid City doughnut shop, South Dakota Attorney General Marty Jackley said Wednesday.

    Rhines was convicted in 1993 fatally stabbing 22-year-old Donnivan Schaeffer. Authorities contend that Schaeffer, a part-time employee at the doughnut shop, surprised Rhines during the March 1992 burglary.

    The South Dakota Supreme Court and the U.S. Supreme Court upheld Rhines' conviction in 1996, but Rhines filed secondary appeals that were tied up in state and federal courts.

    In the secondary appeal filed in state court, Rhines argued South Dakota's death penalty law was unconstitutional. He also contended that prosecutors violated his rights, that the judge at his trial improperly dismissed a lawyer and that his defense layer was ineffective during his sentencing.

    Jackley said the decision by Circuit Judge Thomas L. Trimble of Rapid City to uphold Rhines' conviction can still be reviewed on appeal by the South Dakota Supreme Court and federal courts.

    "The Schaeffer family has waited more than 20 years for justice in their son's case," Jackley said in a written statement. "The trial court's ruling is an important step in holding Rhines accountable for his horrific actions to the Schaeffers and the community."

    Neil Fulton, who is representing Rhines as federal public defender for the Dakotas, said Wednesday he had not yet seen Trimble's ruling.

    "We need to review the decision and determine whether we want to pursue any appeal in state court," Fulton said.

    Fulton said Rhines still has a challenge pending in federal court that can proceed once he exhausts his claims in state court.

    "We'll need to discuss this with Mr. Rhines and make a decision on how to proceed," Fulton said.

    http://www.sfgate.com/news/article/J...#ixzz26y61niqI

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    Death penalty upheld in 1992 murder of Rapid City man at doughnut shop

    The U.S. District Court for South Dakota has upheld the conviction and death sentence for a man convicted in the 1992 murder of a 22-year-old Rapid City man who was stabbed to death at a doughnut shop.

    According to state Attorney General Marty Jackley, the motions filed by Charles Russell Rhines were denied by the federal court. Rhines had sought a motion for habeas corpus relief and to amend the penalty he received.

    Rhines was convicted in the murder of 22-year-old Donnivan Schaeffer in Rapid City on March 8, 1992.

    Rhines, now 59, was charged with fatally stabbing Donnivan Schaeffer, 22, during a burglary at a Rapid City doughnut shop in March 1992. Schaeffer, a part-time employee at the shop, walked in on Rhines while he was robbing the shop.

    “The Federal Court’s ruling affirms that Charles Russell Rhines’ murder conviction and capital sentence for the horrific murder of Donnivan Shaeffer are constitutional. My thoughts and prayers are with the Schaeffer family, who have waited 24 years for justice in this case,” Jackley said in a news release on Thursday.

    A Pennington County jury convicted Rhines of first degree murder in 1993 and returned a sentence of death. Rhines’ conviction and death sentence were affirmed on direct appeal by the South Dakota Supreme Court in 1996. Rhines’ conviction and sentence were also affirmed on state habeas proceedings by the state trial court and South Dakota Supreme Court.

    With the conclusion of his federal trial court habeas corpus proceedings, Rhines can file a notice of appeal within 30 days to the United States Court of Appeals for the 8th Circuit and, ultimately, to the United States Supreme Court. Rhines must obtain permission from the federal court to pursue an appeal.

    http://rapidcityjournal.com/news/loc...448297881.html
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    Administrator Aaron's Avatar
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    On August 15, 2016, Rhines filed an appeal before the U.S. Eighth Circuit Court of Appeals.

    https://dockets.justia.com/docket/ci...ts/ca8/16-3360
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    On January 11, 2018, oral argument will be heard in Rhines' appeal before the Eighth Circuit. The panel will be made up of Judges Loken (G.H.W. Bush), Gruender (G.W. Bush) and Kelly (Obama).

    http://media.ca8.uscourts.gov/webcal/jan18stl.pdf

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    Administrator Aaron's Avatar
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    This guy currently has an appeal pending at SCOTUS. An appeal from state court. Apparently he is claiming anti-gay animus should invalidate his death sentence.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    Court hears execution testimony in Rhines case

    More than 20 years after he stabbed and killed 22-year-old Donnivan Schaeffer, Charles Russell Rhines was back Tuesday in a Pennington County Courthouse to hear recorded testimony about South Dakota’s single drug execution protocol.

    Sitting a few chairs away from Rhines were Schaeffer’s parents, Ed and Peggy Schaeffer. A small group of supporters that included Dottie Poage sat with the Schaeffers for part of the day.

    Like the Schaeffers, Poage waits for the day when Briley Piper exhausts his appeals and faces execution for the 2001 murder of her son, Chester Allan Poage.

    Rhines was robbing a west Main Street doughnut shop when Donnivan Schaeffer walked in on him.

    Rhines is nearing the end of his appeals. Circuit Judge Thomas Trimble affirmed his conviction and death sentence in September.

    All that’s left is Rhines' challenge of the constitutionality of South Dakota’s one-drug execution protocol.

    Tuesday was devoted to the playing of pre-recorded depositions of health care experts.

    Rhines had the option of having the judge review the depositions outside his presence or attending the hearing. He opted to attend the hearing. He has been serving his sentence on death row in Sioux Falls.

    Once Trimble rules on the legality of the state’s execution method, Rhines can appeal his decision to the South Dakota Supreme Court and the U.S. Supreme Court.

    http://rapidcityjournal.com/news/cou...c5fb7bc95.html
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    Circuit Court rejects appeal of death row inmate Charles Rhines

    A Circuit Court in Pennington County rejected a constitutional challenge from death row inmate Charles Rhines on South Dakota's method of execution protocol, according to a news release from the attorney general's office.

    Rhines is on death row for the 1992 murder of Donnivan Schaeffer in Rapid City.

    Rhines filed a habeas corpus action claiming that South Dakota’s protocol violated constitutional prohibitions against cruel and unusual punishment. Rhines alleged that he faced a substantial risk of pain because the protocol did not assure that the lethal drug would be sufficiently potent or properly administered.

    Judge Trimble of the Seventh Circuit Court found that South Dakota’s protocol, which is modeled on one approved by the United States Supreme Court, does not pose a risk of unconstitutional pain and suffering.

    “Lethal injection is the most humane manner of implementing the death penalty,” the Court wrote in its opinion. The Court concluded that “South Dakota’s lethal injection protocol is substantially similar to, and in many respects more protective than” the protocol approved by the United States Supreme Court and, therefore, is “constitutional on its face.”

    South Dakota currently uses a single dose of pentobarbital to carry out executions. This protocol was used in the October 2012 executions of Donald Moeller and Eric Robert that were witnessed by the media.

    “The Court’s decision affirms that the state has taken precaution in drafting and implementing its lethal injection protocol to assure that it meets constitutional requirements,” Attorney General Marty Yackley said in a news release. “Today’s decision is an important step forward in carrying out the jury and court’s decision and holding Charles Rhines accountable for his horrific actions from over 20 years ago.”

    Rhines can appeal Judge Trimble’s decision to the South Dakota Supreme Court and then to the federal courts.

    http://www.argusleader.com/article/2...Charles-Rhines
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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