South Dakota Statutes
§ 23A-27A-13 — Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar
The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(1)Affirm the sentence of death; or (2) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration.
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South Dakota § 23A-27A-13 (Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
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)
State v. Robert
2012 S.D. 60 (South Dakota Supreme Court, 2012)
Legislative History
SL 1979, ch 160, § 12.
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.