PIERRE, S.D. (AP) -
The South Dakota Supreme Court has overturned the death sentence for an inmate convicted in the killing of a prison guard in Sioux Falls.
Justices say Rodney Berget must get a new sentencing hearing because the circuit judge who sentenced him to die improperly considered statements Berget made to a psychiatrist.
Berget and another inmate, Eric Robert, pleaded guilty to killing prison guard Ronald Johnson during a failed escape attempt in April 2011 at the State Penitentiary in Sioux Falls. Robert was executed by lethal injection in October. Berget appealed his death sentence.