Berget's Death Sentence Reversed by the South Dakota Supreme Court

On January 3, 2013, the South Dakota Supreme Court reversed and remanded the circuit court’s death sentence for Rodney Berget for the murder of correctional officer Ronald Johnson. Although the Court rejected eight of Berget's other challenges to the imposition of the death sentence, it agreed with Berget's argument that the circuit court’s consideration of Berget’s “unwarned” statement, made to a psychiatrist during a competency evaluation, violated Berget’s Fifth Amendment right against self-incrimination. Because the Court could not conclude that the use of the statement was harmless beyond a reasonable doubt, it reversed Berget’s sentence and remanded the matter to the circuit court for resentencing "without the use of or consideration of [the psychiatrist’s] report" unless Berget chooses to call the psychiatrist to testify. To read the full-text of the South Dakota Supreme Court’s opinion, click here.

For reports and comments on the Court’s decision:

South Dakota Attorney General Marty Jackley’s reaction

South Dakota Peace and Justice Center

Sentencing Law and Policy Blog (an affiliate of the Law Professor Blogs Network)

For more information and resources on the death penalty:

McKusick Law Library’s LibGuide on Capital Punishment in South Dakota

Crime and Consequences Blog

(This entry was originally written and posted by Marsha Stacey)