Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-17: TRANSFER OF PROCEEDINGS FROM COUNTY/§ 23A-17-5
South Dakota Statutes

§ 23A-17-5 — (Rule 21(a)) Change of county when fair trial impossible in original county.

South Dakota § 23A-17-5
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-17TRANSFER OF PROCEEDINGS FROM COUNTY

This text of South Dakota § 23A-17-5 ((Rule 21(a)) Change of county when fair trial impossible in original county.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 23A-17-5 (2026).

Text

A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.

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Related

State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
122 case citations
State v. Luna
378 N.W.2d 229 (South Dakota Supreme Court, 1985)
59 case citations
State v. Wellner
318 N.W.2d 324 (South Dakota Supreme Court, 1982)
50 case citations
State v. Smith
477 N.W.2d 27 (South Dakota Supreme Court, 1991)
39 case citations
State v. Weatherford
416 N.W.2d 47 (South Dakota Supreme Court, 1987)
38 case citations
State v. Brandenburg
344 N.W.2d 702 (South Dakota Supreme Court, 1984)
37 case citations
State v. Lufkins
309 N.W.2d 331 (South Dakota Supreme Court, 1981)
30 case citations
State v. Hansen
407 N.W.2d 217 (South Dakota Supreme Court, 1987)
24 case citations

Legislative History

SDC 1939 & Supp 1960, § 34.0817; SDCL, §

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 23A-10A-1
Definition of mental incompetency.
§ 23A-10A-10
Expense of maintenance of defendant committed.
§ 23A-10A-13
Approved facility defined.
§ 23A-10A-13.1
Restoration to competency program defined.
§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
§ 23A-10A-15
Length of detention for Class A, B, or C felony.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-17-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-17-5.