Thursday,  June 14, 2012 • Vol. 12--No. 336 • 22 of 34 •  Other Editions

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SD death row inmate asks for execution to proceed
KRISTI EATON,Associated Press

• SIOUX FALLS, S.D. (AP) -- A man sentenced to death for killing a prison guard says the state Supreme Court's decision to delay his execution to allow for a mandatory review is denying him his constitutional rights.
• Eric Robert, 50, will ask the South Dakota Supreme Court to allow his execution to proceed and is proposing legislative

changes to prevent similar cases in the future in briefs that are expected to be filed later this week or early next week.
• Robert pleaded guilty to killing prison guard Ronald Johnson during a botched prison escape in April 2011. A judge sentenced him to death for the crime last fall, and his execution was set for May. But the South Dakota Supreme Court stayed the execution in February to allow more time for a mandatory review, which could delay the execution for up to two years.
• In briefs not yet filed with the court but given to The Associated Press in an email, Mark Kadi, Robert's lawyer, argues that Robert has a constitutional, due process right to be executed based on the trial court's order.
• "If this process will take up to (two) years as reported, Robert proposes we seek to answer the main underlying issue in this case: does a death row inmate have a constitutional right to die on time as ordered?" Kadi said in an email.
• In the briefs, Robert proposed the Legislature consider changes to the law, allow

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