Published July 30, 2009, 09:20 AM

S.D. death sentence overturned

PIERRE, S.D. (AP) — The South Dakota Supreme Court has overturned the death sentence of one of three men convicted of the March 2000 slaying of a Spearfish man.

PIERRE, S.D. (AP) — The South Dakota Supreme Court has overturned the death sentence of one of three men convicted of the March 2000 slaying of a Spearfish man.

The high court unanimously ruled that Briley Piper of Anchorage, Alaska, did not validly give up his right to have a jury, rather than a judge, decide whether he got the death penalty or life in prison after pleading guilty to the murder of Chester Allan Poage (POHG) of Spearfish.

The Supreme Court sent the case back to circuit court to give the 29-year-old Piper a chance to have a jury decide his penalty.

A jury convicted Darrell Hoadley of Lead for his role and he's serving life in prison.

Elijah Page pleaded guilty, was sentenced to death, ended his appeals and was executed two years ago.

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