South Dakota Statutes
§ 23A-26-14 — Guilty but mentally ill verdict--Required findings.
If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:
(1)The defendant is guilty of an offense; and (2) The defendant was mentally ill when he committed the offense.
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South Dakota § 23A-26-14 (Guilty but mentally ill verdict--Required findings.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
State v. Robinson
399 N.W.2d 324 (South Dakota Supreme Court, 1987)
William J. Baker v. Walter Leapley, Warden, South Dakota State Penitentiary Roger Tellinghuisen, Attorney General, State of South Dakota
965 F.2d 657 (Eighth Circuit, 1992)
State v. Calin
2005 SD 13 (South Dakota Supreme Court, 2005)
Legislative History
SL 1983, ch 174, § 16; SL 1986, ch 25.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 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.