IN THE SUPREME COURT OF THE .STATE OF SOUTH DAKOTA irirx?ir ORDER DENYING STAY OF EXECUTION CHARLES RUSSELL RHINES, Plaintiff and Appellant, vs. #29166 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 and Appellees. On OctOber 31, 2019, appellant served and filed a notice of appeal from an order denying application for a temporary restraining order, preliminary injunction, and stay of his execution set for the week of November 3, 2019. Appellant has filed a motion for stay of execution pending the appeal to this Court and appellee filed a response. The Court considered appellant's motion and supporting documents, the State?s response and the whole of the circuit court?s memorandum opinion and order of October 31, 2019, denying appellant?s motion for a preliminary injunction and stay of execution. The Court also considered and weighed the factors for issuance of a preliminary injunction or stay of execution including the likelihood of success on the merits, the likelihood of irreparable injury absent #29166, Order preliminary relief, the balance of equities, and the public interests. Now, therefore, being fully advised in the premises, it is ORDERED that appellant?s motion for a stay pending appeal is hereby DENIED. DATED at Pierre, South Dakota, this 4th day of November, 2019. ATTEST: .i David Gilbertson, Chief Justice Clerk of/t?e Supreme Court (SEAL) (Justices Janine M. Kern and Patricia J. DeVaney disqualified.) PARTICIPATING: Chief Justice David Gilbertson and Justices Steven R. Jensen and Mark E. Salter and Circuit Court Judges Michelle K. Comer and Kent Shelton. SUPREMECOURT STATE or SOUTH DAKOTA STATE OF Egg?) DAKOTA tn the Supreme Court I, Shiney A. Janeen-Forget. Clerk of the Go?tuggfuue South Dakota, hereby certify that the whim ms rurne 1* 2019 and correct no of the Original thereof as the same appears on record En orgyat?oe. in witness merrier. I have hereunto set my hand and af?xed the see! said court at Pierre. 5.0. this more Goo I Cierk Detroitr