State v. Berget

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 psychological evaluation procured to determine his competency to stand trial. 2013 S.D. 1, ¶¶92, 119, 826 N.W.2d 1, 28, 37. We remanded Berget’s death…