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SD Supreme Court rejects death sentence appeal

PIERRE, S.D. (AP) - The South Dakota Supreme Court has upheld the death sentence of a man ordered to die for his role in killing a state prison guard three years ago.

Attorney General Marty Jackley says he'll ask state court officials to set an execution date for Rodney Berget.

Berget was sentenced to death for the killing of penitentiary guard Ronald Johnson during a 2011 escape attempt. The state Supreme Court overturned Berget's initial death sentence because of an error by the judge in the case. But Berget was sentenced again to death last year.

His attorney appealed, saying a lower court should have allowed new evidence before Berget was resentenced. The Supreme Court rejected that argument.

Another inmate charged in Johnson's death, Eric Robert, was executed in 2012.