Oral argument set for second culprit in killing of correctional - KSFY News - Sioux Falls, SD News, Weather, Sports

Oral argument set for second culprit in killing of correctional officer

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The South Dakota Supreme Court will discuss Rodney Berget's death penalty almost two weeks before his associate will die for the killing of Correctional Officer Ronald Johnson.  

On Monday, the South Dakota Supreme Court set oral argument in State v. Rodney Scott Berget for October 1. The argument will be held at the Jeschke Fine Arts Center on the University of Sioux Falls campus.

Berget pled guilty to the first degree murder of Correctional Officer Ronald Johnson and was sentenced to death by lethal injection. His execution has been stayed pending the outcome of the appeal.

According to a news release from the Attorney General's Office, "the issues to be determined in the appeal include whether the imposition of the death sentence was constitutional and whether the sentence was excessive to the penalty imposed in similar cases."

On August 16 the state Supreme Court unanimously upheld the death sentence of Eric Robert, who is scheduled to be executed the week of October 14. 

The United States Supreme Court affirmed Donald Eugene Moeller's conviction on June 4. Moeller is scheduled to be executed the week of November 3.

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