SIOUX FALLS, S.D. (KTIV) -
A federal judge will hear arguments next week on whether South Dakota's capital punishment procedure for a one-drug protocol of pentobarbital is constitutional.
Convicted killer Donald Moeller has said in state court that he's ready to accept death as the consequence of the 1990 killing of Becky O'Connell, and is set to die late next month.
But Moeller's attorneys contend South Dakota's execution method violates the constitutional ban on cruel and unusual punishment.
Issues to be considered at the hearing include degree of risk, magnitude of pain and the availability of other essential protocols.