South Dakota Statutes
§ 23A-27A-12 — Factors reviewed by Supreme Court regarding sentence.
With regard to the sentence, the Supreme Court shall determine:
(1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in § 23A-27A-1 ; and (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
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South Dakota § 23A-27A-12 (Factors reviewed by Supreme Court regarding sentence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Rhines
1996 SD 55 (South Dakota Supreme Court, 1996)
State v. Moeller
1996 SD 60 (South Dakota Supreme Court, 1996)
State v. Piper
2006 SD 1 (South Dakota Supreme Court, 2006)
State v. Page
2006 SD 2 (South Dakota Supreme Court, 2006)
State v. Berget
2013 S.D. 1 (South Dakota Supreme Court, 2013)
Moeller v. Weber
635 F. Supp. 2d 1036 (D. South Dakota, 2009)
Legislative History
SL 1979, ch 160, § 10.
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.