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Hearing Scheduled In Motion For Rodriguez Appeal

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(credit: Grand Forks Police Department via Getty Images)

(credit: Grand Forks Police Department via Getty Images)

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FARGO, N.D. (AP) — Federal prosecutors want the notes of mental health professionals who examined a man convicted of killing of a University of North Dakota student more than nine years ago.

Alfonso Rodriguez Jr., of Crookston, Minn., was sentenced to death after a jury found him guilty of raping, beating and stabbing Dru Sjodin of Pequot Lakes, Minn., in 2003.

Defense attorneys in October 2011 filed a federal habeas corpus motion, considered the last step in the appeals process. The 298-page document claims, among other things, that Rodriguez is mentally disabled and his trial team was ineffective.

Prosecutors have filed a motion asking for results from several mental health examinations. Defense attorneys say the government has the notes it needs.

A hearing on the motion is scheduled Tuesday in Fargo.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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