South Dakota Statutes
§ 23A-27A-6 — Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.
In nonjury cases the judge shall, after conducting the presentence hearing as provided in § 23A-27A-2 , designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in § 23A-27A-1 is so found, the death penalty shall not be imposed.
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South Dakota § 23A-27A-6 (Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Moeller v. Weber
2004 SD 110 (South Dakota Supreme Court, 2004)
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. Clothier
381 N.W.2d 253 (South Dakota Supreme Court, 1986)
Piper v. Young
2019 S.D. 65 (South Dakota Supreme Court, 2019)
State v. Robert
2012 S.D. 60 (South Dakota Supreme Court, 2012)
Legislative History
SL 1979, ch 160, § 6.
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.