The Latest: South Dakota execution waits for court ruling

Published: Oct. 29, 2018 at 3:30 PM CDT
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South Dakota's attorney general says the state is waiting for direction after a lawyer asked the U.S. Supreme Court to halt the execution of an inmate who killed a prison guard.

Rodney Berget was scheduled to be put to death at 1:30 p.m. Monday. Attorney General Marty Jackley said after the scheduled execution time had passed that he would address reporters once a decision is reached.

Attorney Juliet Yackel says in her U.S. Supreme Court filing that Berget is intellectually disabled. The state Supreme Court earlier denied a motion from Yackel arguing that Berget lacks the intellectual capacity to receive capital punishment. Berget asked that court to dismiss Yackel's petition.

Berget is to be put to death for the slaying of Ronald "R.J." Johnson in a failed 2011 escape.

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