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FILE - This April 13, 2011 file photo shows Rodney Berget, who was convicted and sentenced to death in 2011 for the killing a Sioux Falls prison guard, in Sioux Falls, S.D. The South Dakota Supreme Court justices are scheduled to hear arguments again Tuesday, May 27, 2014 on a second appeal in Berget's case.  Berget was serving two life sentences for attempted murder and rape. (AP Photo/The Argus Leader, Elisha Page, File)  NO SALES

FILE - This April 13, 2011 file photo shows Rodney Berget, who was convicted and sentenced to death in 2011 for the killing a Sioux Falls prison guard, in Sioux Falls, S.D. The South Dakota Supreme Court justices are scheduled to hear arguments again Tuesday, May 27, 2014 on a second appeal in Berget's case. Berget was serving two life sentences for attempted murder and rape. (AP Photo/The Argus Leader, Elisha Page, File) NO SALES

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