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STATE v. BERGET

No. 26764.

853 N.W.2d 45 (2014)

2014 S.D. 61

STATE of South Dakota, Plaintiff and Appellee, v. Rodney Scott BERGET, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 13, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota Attorneys for plaintiff and appellee.

Jeff Larson , Sioux Falls, South Dakota and Cheri Scharffenberg of Olson, Waltner & Scharffenberg, Tea, South Dakota Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] A South Dakota circuit court sentenced Rodney Scott Berget to death for the murder of corrections officer Ronald Johnson, a crime he committed while incarcerated at the South Dakota State Penitentiary in Sioux Falls. On direct appeal of that sentence, in State v. Berget (Berget I), this Court determined that the circuit court may have improperly considered, for sentencing purposes, statements made by Berget in a...

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