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Published October 10, 2009, 03:48 PM

Rodriguez gets 60 days to ask for next appeal

An extension has been granted to give attorneys for Alfonso Rodriguez Jr. more time to file the next appeal to his execution, pushing back a deadline originally set for this week.

An extension has been granted to give attorneys for Alfonso Rodriguez Jr. more time to file the next appeal to his execution, pushing back a deadline originally set for this week.

Rodriguez, sentenced to die in 2006 for raping and killing Dru Sjodin, lost an appeal of the death sentence in a 2-1 ruling by the 8th U.S. Circuit Court of Appeals that was released Sept. 22.

His lawyers now plan to ask the entire 8th Circuit to rehear the appeal. At least six of the 11 judges in the 8th Circuit would have to agree to rehear the appeal.

The standard deadline for asking for an “en banc” hearing is 14 days after the decision of a three-judge panel is released. That would have required the petition for another appeal to be filed by Tuesday.

But attorneys for Rodriguez will have until Nov. 23 because the 8th Circuit gave them an extension last week. The defense argued the extra time was needed to study more than 10,400 pages of material related to the panel’s decision.

Richard Ney, one the two lawyers representing Rodriguez, said the defense asked for a 90-day extension and got an extra 60 days instead.

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