The South Dakota Supreme Court will hear arguments Oct. 1 in the appeal of a man convicted of murdering a State Penitentiary guard during an escape attempt.
Attorney General Marty Jackley says the arguments in the Rodney Berget case will be heard at the Jeschke Fine Arts Center at the University of Sioux Falls.
Berget pleaded guilty in the April 2011 killing of Ron Johnson and was sentenced to die by lethal injection. His execution has been stayed pending the outcome of the appeal.
The Supreme Court last month upheld the death sentence of Eric Robert, another inmate involved in the escape attempt and killing. He's scheduled to die by lethal injection the week of Oct. 14.
A third inmate involved in the escape attempt was given life in prison.