Another Berget Appeal Denied with about Forty Days Left until Execution

The State of South Dakota can continue making preparations for an execution in May. One more legal challenge for Rodney Berget has been thwarted.

In a press release, Attorney General Marty Jackley announced that Circuit Court Judge Brad Zell denied Rodney Scott Berget’s recent motion to delay his execution. The reasoning behind Judge Zell’s decision was that Berget’s Motion to Amend Warrant of Execution and a Motion for Stay of Execution was outside of Zell’s jurisdiction.

Berget filed the motion on January 30, 2015. The United States Supreme Court denied Berget’s petition Writ of Certiorari on March 2, 2015. If the High Court had ruled in favor of the Writ of Certiorari, Judge Zell likely would have jurisdiction in the motion and could have ruled one way or the other.

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The execution could happen anytime during the week of Sunday, May 3, 2015, through Saturday, May 9, 2015. The specific time and date will be selected by the Warden of the State Penitentiary.

There are still legal options left for Berget. One of them according to Jackley is the right to file additional habeas proceedings in order to stay the sentencing date.