South Dakota Statutes

§ 23A-27A-9 — Review by Supreme Court required when death penalty imposed--Procedure.

South Dakota § 23A-27A-9
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-26CAPITAL PUNISHMENT

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)
94 case citations
State v. Moeller
2000 SD 122 (South Dakota Supreme Court, 2000)
36 case citations
State v. Piper
2006 SD 1 (South Dakota Supreme Court, 2006)
31 case citations
State v. Page
2006 SD 2 (South Dakota Supreme Court, 2006)
18 case citations
State v. Robert
2012 S.D. 27 (South Dakota Supreme Court, 2012)
3 case citations

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

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Bluebook (online)
South Dakota § 23A-27A-9, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-27A-9.