South Dakota Statutes
§ 23A-27A-9 — Review by Supreme Court required when death penalty imposed--Procedure.
South Dakota § 23A-27A-9
This text of South Dakota § 23A-27A-9 (Review by Supreme Court required when death penalty imposed--Procedure.) 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.
Bluebook
S.D. Codified Laws § 23A-27A-9 (2026).
Text
If the death penalty is imposed, and if the judgment becomes final in the trial court, the sentence shall be reviewed on the record by the South Dakota Supreme Court. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal.
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Related
State v. Rhines
1996 SD 55 (South Dakota Supreme Court, 1996)
State v. Moeller
2000 SD 122 (South Dakota Supreme Court, 2000)
State v. Piper
2006 SD 1 (South Dakota Supreme Court, 2006)
State v. Page
2006 SD 2 (South Dakota Supreme Court, 2006)
State v. Robert
2012 S.D. 27 (South Dakota Supreme Court, 2012)
Legislative History
SL 1939, ch 137, §§ 1 to 3; SDC Supp 1960, § 34.37A16; SDCL, §§ 23-49-31, 23-49-32; SL 1979, ch 160, § 9.
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.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-27A-9, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-27A-9.