Pierre, SD (KELO AM) - A judge has ordered a mental evaluation be done for South Dakota death row inmate Rodney Berget.
Judge Hoffman's ordered come down as Berget has waived his rights to appeal the 2012 decision that he should die by lethal injection for his role in killing a prison guard at the sate penitentiary. The state has since filed a motion to dismiss the appeals process and move forward.
The state has maintained that Berget is a person "of at least ordinary intelligence," and according to Attorney General Marty Jackley the case should proceed forward in a timely fashion. Berget was originally scheduled to be executed in 2015, however that order was stayed.