FILE - This April 13, 2011 file photo shows Rodney Berget, now awaiting execution for bludgeoning a prison guard to death with a pipe during an attempted escape, in Sioux Falls, S.D. The South Dakota Supreme Court has overturned Berget's inmate's death sentence for the killing of a prison guard nearly two years ago. In an opinion released Thursday, Jan. 3, 2013, the justices said Berget, 50, must get a new sentencing hearing because the circuit judge who sentenced him to die improperly considered a statement Berget made to a psychiatrist. (AP Photo/The Argus Leader, Elisha Page, File) NO SALES

Associated Press
FILE - This April 13, 2011 file photo shows Rodney Berget, now awaiting execution for bludgeoning a prison guard to death with a pipe during an attempted escape, in Sioux Falls, S.D. The South Dakota Supreme Court has overturned Berget's inmate's death sentence for the killing of a prison guard nearly two years ago. In an opinion released Thursday, Jan. 3, 2013, the justices said Berget, 50, must get a new sentencing hearing because the circuit judge who sentenced him to die improperly considered a statement Berget made to a psychiatrist. (AP Photo/The Argus Leader, Elisha Page, File) NO SALES
FILE - This April 13, 2011 file photo shows Rodney Berget, now awaiting execution for bludgeoning a prison guard to death with a pipe during an attempted escape, in Sioux Falls, S.D. The South Dakota Supreme Court has overturned Berget's inmate's death sentence for the killing of a prison guard nearly two years ago. In an opinion released Thursday, Jan. 3, 2013, the justices said Berget, 50, must get a new sentencing hearing because the circuit judge who sentenced him to die improperly considered a statement Berget made to a psychiatrist. (AP Photo/The Argus Leader, Elisha Page, File) NO SALES
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