• 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.

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