South Dakota § 23A-27-51 Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.

South Dakota Statutes

§ 23A-27-51 — Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-26 SENTENCE AND JUDGMENT

If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:

(1)The rights associated with an appeal from a criminal conviction; and (2) The time for filing a notice of appeal from the reimposed judgment and sentence. Nothing in this section limits an applicant's right to habeas corpus.

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If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following: (1) The rights associated with an appeal from a criminal conviction; and (2) The time for filing a notice of appeal from the reimposed judgment and sentence. Nothing in this section limits an applicant's right to habeas corpus.

South Dakota § 23A-27-51 (Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.