South Dakota Statutes
§ 23A-32-13 — Constitutional issue first raised on appeal.
South Dakota § 23A-32-13
This text of South Dakota § 23A-32-13 (Constitutional issue first raised on appeal.) 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-32-13 (2026).
Text
The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court.
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Related
Sharp v. Sharp
422 N.W.2d 443 (South Dakota Supreme Court, 1988)
City of Rapid City v. Schaub
948 N.W.2d 870 (South Dakota Supreme Court, 2020)
Legislative History
SL 1971, ch 160; SDCL Supp, § 23-51-7.1; SL 1978, ch 178, § 391.
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-32-13, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-32-13.