South Dakota § 23A-27A-12 Factors reviewed by Supreme Court regarding sentence.

South Dakota Statutes

§ 23A-27A-12 — Factors reviewed by Supreme Court regarding sentence.

South Dakota § 23A-27A-12

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26CAPITAL PUNISHMENT

This text of South Dakota § 23A-27A-12 (Factors reviewed by Supreme Court regarding sentence.) 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.

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S.D. Codified Laws § 23A-27A-12 (2026).

Text

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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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.