IN THE SUPREME COURT STATE OF SOUTH DAKOTA CHARLES RUSSELL RHINES, App. New l9} [2/qu Plaintiffs vs. DOCKETING STATEMENT SOUTH DAKOTA DEPARTMENT OF CORRECTIONS and MIKE LEIDHOLT, Secretary, South Dakota Department of Corrections, and DARIN YOUNG IN HIS CAPACITY AS WARDEN OF THE SOUTH DAKOTA STATE PENITENTIARY, Defendants. Charles Russell Rhinos, by and through his counsel of record, hereby submit Appellants? Docketing Statement as follows: Section A. TRIAL COURT 1. The circuit court from which the appeal is taken: Second Judicial Circuit. 2. The county in which the action is venued at the time of the appeal: Minnehaha County. 3. The name of the trial judge who entered the decision appealed: The Honorable Jon C. Sogn. PARTIES AND ATTORNEYS 4. Identify each party presently of record and the name, address, and phone number of the attorney for each party: . Charles Russell Rhinos Daniel R. Fritz (2390) Timothy R. Rahn (487]) Ballard SpahI LLP 101 S. Reid St., Suite 302 Sioux Falls, South Dakota 57103 (605) 978-5205 Caroline Heller Greenberg Traurig, LLP 200 Park Avenue New York, NY 10166 (212) 801-2165 South Dakota Department of Paul S. Swedlund Corrections and Mike Leidholt, Assistant Attorney General Secretary, South Dakota Department 1302 East Highway 14, Suite 1 of Corrections Pierre, South Dakota 57501-8501 Telephone: 605-773?3215 Pau1.swedlund@statc.sd.us Section B. TIMELINESS OF APPEAL 1. The date the judgment or order appeal from was signed and ?led by the trial court: Signed and ?led on October 31, 2019. 2. The date notice of entry of the judgment or order was served on each party: October 31, 2019. 3. State whether either of the following motions was made: a. Motion for judgment SDCL 15-6-5003): ?Yes b. Motion for new trial, SDCL 15-6-69: Wires __x_No NATURE AND DISPOSITION OF CLAIMS 4. State the nature of each party?s Separate claims, counterclaims or cross-claims and the trial court?s disposition of each claim court trial, jury verdict, summary judgment, default judgment, agency decision, af?nned/reversed, etc.). On October 22, 2019, Rhines ?led an action in the Circuit Court for the Second Judicial Circuit seeking inj unetive and declaratory relief to enforce his statutory right under South Dakota law to be? executed by the manner he chose. Rhines?s Complaint alleges four causes of action. The First Cause of Action, Violation of the Right to Choose the Manner of Execution Provided by Law at the Time of Sentence, alleges that, in enacting SDCI. the State of South Dakota created a state statutory right that entitles Rhines to be executed in the manner provided by South Dakota law at the time of the Rhines?s conviction or sentence. The manner of execution provided by South Dakota law at the time of Rhines?s conviction and sentence was, in relevant part, ?by the intravenous administration of a lethal quantity of an ultra?short-acting barbiturate in combination with a chemical paralytic agent and continuing the application thereof until the convict is pronounced dead by a licensed physician according to accepted standards of medical practice." SL 1984, ch 181, codi?ed at SDCL (1984.). The Second Cause of Action, Deprivation of Due Process, alleged that in enacting SDCL the State of South Dakota created life and liberty interests that entitle Rhines to be executed in the manner provided by South Dakota law at the time of the Rhines?s conviction or sentence. (Compl. 1111 51-54.) Rhines?s life and liberty interests in being executed in this manner are protected by the Due Process Clause of the Fourteenth Amendment of the United States Constitution and the Due Process Clause of Article Six, Section 2 of the South Dakota Constitution. The Third Cause of Action, lnjunctive Relief, and the Fourth Cause of Action, Declaratory Judgment, sought injunctive and declaratory relief: (1) Staying Rhines?s execution pending adjudication of this action; (2) declaring that pentcbarbital is neither an ultra-short- acting barbiturate nor a chemical paralytic agent; (3) enjoining the DOC from executing Rhines with pentobarbital; and (4) ordering that the DOC shall execute Rhines only with an ultra-short- acting barbiturate, to wit, sodium methohexital or sodium thiopental, in combination with a chemical paralytic agent. In light of Mr. Rhines?s scheduled execution, he also filed an application for a preliminary injunction, temporary restraining order, or stay of execution to prohibit the DOC from executing him with pentobarbital and to order that the DOC shall execute Rhines only with an ultra-short-acting barbiturate in combination with a chemical paralytic agent. On October 31, 2019 the Honorable Jon Sogn entered an Order denying the application for preliminary injunction and stay of execution. 5. Appeals of right may be taken only from ?nal, appealable orders. See SDCL 15-26An3 and -4. I a. Did the trial court enterva ?nal judgment or order that resolves all of each party?s individual claims, counterclaims, or cross-claims? wX__No *to the extent this is not a ?nal order, and instead only an order denying preliminary injunction and stay of execution, this Court hasjurisdiction under - SDCL See Hedlund v. River Blitz?? Estates LLC, 2018 SD. 20 (SD.- 2018) . b. If the trial court did not enter a ?nal judgment or order as to each party?s individual claims, counterclaims, or cross-claims, did the trial court make a determination and direct entry of judgment pursuant to SDCL 6. State each issue intended to be presented for review. (Parties will not be bound by these statements) a. Whether the trial court erred in denying application for preliminary injunction and stay of execution? b. Whether the trial court erred in concluding the claims are barred by res judicam? c. Whether Mr. Rhinos has shown a strong likelihood of success on the merits of his causes of action? 7. Attach a copy of any memorandum opinion and ?ndings of fact or conclusions of law supporting the judgment or order appealed from. See SDCL a. See attached Memorandum Opinion and Order Denying Application for Preliminary Injunction and Stay of Execution Dated at Sioux Falls, South Dakota, this 31day of October, 2019. BALLARD LLP By: . OCT 3 1 2019 Daniel R. Fritz . Timothy R. Rahn ?imam? ?um? 101 South Reid Street, Suite 302 Clark Ciro Court Sioux Falls, SD 57103 Telephone: (605) 978-5200 Facsimile: (605) 978?5225 Email: fritzd@ballardspahr.com rahnt@ballardspahr.com Attorneys for Charles Russell Rhines STATE OF SOUTH DAKOTA - IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL DISTRICT CHARLES RUSSELL RHINES, 49CIV19-002940 Plaintiff, NOTICE OF APPEAL VS. SOUTH DAKOTA DEPARTMENT OF CORRECTIONS, MIKE LEIDHOLT, SECRETARY, SOUTH DAKOTA DEPARTMENT OF CORRECTIONS, and DARIN YOUNG IN HIS CAPACITY AS WARDEN OF THE SOUTH DAKOTA STATE PENITENTIARY. Defendants. TO: Jason R. Ravnsborg, Attorney General and Paul S. Swedlund, Assistant Attorney General, Attorneys for Defendants South Dakota Department of Corrections, Mike Leidholt, Secretary, South Dakota Department of Corrections, and Darin Young, Warden of the South Dakota State Penitentiary, 1302 East Highway 14, Suite 1, Pierre, SD 57501?8501: NOTICE IS HEREBY GIVEN that the Plaintiff, Charles Russell Rhinos, hereby appeals to the South Dakota Supreme Court the whole of the Order Denying an Application for a I Temporary Restraining Order, Preliminary Injunction, and Stay of Execution in the above? entitled matter, which was signed by the Honorable Jon C. Sogn, Judge of the Second Judicial Circuit in and for Minnehaha County on October 31, 2019, with the Notice of Entry of the same being served on Plaintiffs of Courts on October 31, 2019, and from the whole of the record in this action. Dated this 31"t day of October, 2019. BALLARD SPAHR LLP My? R. Fm? Timothy R. Rahn 101 South Reid Street, Suite 302 Sioux Falls, SD 57103 Telephone: (605) 9786200 Email: fritzd@ballardspahr.com rahnt@ballardspahr.com Attorneys for Charl?s Russell Rhines 0121312019, Minnehaha County. 3.13. Clerk Circuit Court CERTIFICATE OF SERVICE 1, Daniel R. Fritz, hereby certify that on this 31St day of October, 2019, a true and correct copy of the foregoing Notice of Appeal in the above?entitled matter was provided via ?rst class mail, postage prepaid, and via e-mail to the folldwing named persons at their last known address: Jason Ravnsborg Paul S. Swedlund Attorney General 1302 East Highway 14, Suite 1 Pierre, South Dakota 57501-8501 Telephone: 605?773-3215 E-mail: Paul.swedlund@state.sd.us Attorneys for Defendant BALLARD LLP Daniel R. Fritz