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South Dakota executes man in '92 slaying of former co-worker

In this Dec. 31, 2017 photo provided by the South Dakota Department of Corrections is Charles Rhines at the South Dakota State Penitentiary in Sioux Falls. South Dakota Circuit Judge Jon Sogn has denied Rhines' request to delay his execution next week over the drug to be used. Rhines had argued that pentobarbital does not act quickly enough to comply with state law. Rhines, is scheduled to be executed in November 2019 in South Dakota for a 1992 fatal stabbing of 22-year-old Donnivan Schaeffer while burglarizing a doughnut shop.

SIOUX FALLS, S.D. (AP) — A South Dakota prison inmate is asking the U.S. Supreme Court to halt his execution next week.

Charles Rhines is sentenced to die in the 1992 slaying of a 22-year-old doughnut shop employee who interrupted him during a burglary. His execution is scheduled for 1:30 p.m. Monday.

Rhines asked the high court Friday to stay the execution on the grounds he hasn't been granted access to experts to evaluate his claims of cognitive and psychiatric impairments. The 8th U.S. Circuit Court of Appeals rejected that appeal last week.

Rhines, who is gay, also asked the high court to consider his claim that he was sentenced to death by jurors who had an anti-gay bias, an argument the high court has declined to hear before. The state has argued that jurors opted for death due to the chilling nature of the crime.

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Separately, Rhines appealed a circuit judge's refusal to delay his execution on the grounds the pentobarbital in his execution doesn't meet the "ultra-short-acting" standard for lethal injection drugs in effect when he was convicted. The circuit judge said in his ruling Thursday that pentobarbital works as fast or faster than the drugs Rhines cited when used in lethal doses.

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