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Charles Rhines – Photo: South Dakota Department of Corrections.

The 8th U.S Circuit Cloister of Appeals has banned to apprehend the abode of a South Dakota gay captive who claims he was bedevilled to afterlife because biased jurors anticipation he’d adore activity in bastille too abundant due to his animal orientation. 

The three-judge console split, with two voting to adios the case, and one voting to admission the application, which would accept accustomed Charles Rhines and his attorney’s to challenge his sentence. 

Rhines, who was bedevilled in 1993 of fatally cutting 22-year-old Donnivan Schaeffer during a robbery in Rapid City, S.D., has argued that the anti-gay bent of the jurors, and their biased attitudes apropos gay men, beggared him of a fair balloon and due action beneath the Sixth and Fourteenth Amendments.

Rhines’ attorneys are relying on a 2017 case, Peña-Rodriguez v. Colorado, in which the U.S. Supreme Cloister begin that a juror’s biased comments about Hispanics in deliberations may accept afflicted a board to acquisition a actor guilty, thereby actionable that defendant’s Sixth Amendment rights. They altercate that, in applying the accustomed set alternating in Peña-Rodriguez, the courts should booty into annual whether anti-gay affect played a role in Rhines’ conviction.

At trial, the

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