Lawrence County State's Attorney John Fitzgerald says the purpose of the Sept. 1 hearing for 29-year-old Briley Piper is to lay out a schedule for future hearings.
The state Supreme Court last month overturned Piper's death sentence in the killing of 19-year-old Chester Allan Poage in Higgins Gulch near Spearfish in March 2000.
Justices ruled that Piper, of Anchorage, did not completely understand his right to have a jury rather than a judge sentence him for murder. The case was sent back to circuit court to give Piper a chance to have a jury decide his punishment.
Two other men were convicted in Poage's killing. One of them was executed in 2007. The other was sentenced to life in prison.
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