South Dakota Statutes
§ 23A-32-5 — Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1)An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2)An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise. An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3 (6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
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South Dakota § 23A-32-5 (Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Hoxeng
315 N.W.2d 308 (South Dakota Supreme Court, 1982)
State v. Hullinger
2002 SD 83 (South Dakota Supreme Court, 2002)
State v. Luxem
324 N.W.2d 273 (South Dakota Supreme Court, 1982)
State v. Horst
504 N.W.2d 862 (South Dakota Supreme Court, 1993)
State v. Eidahl
486 N.W.2d 257 (South Dakota Supreme Court, 1992)
State v. Reath
2003 SD 144 (South Dakota Supreme Court, 2003)
State v. Fonder
323 N.W.2d 131 (South Dakota Supreme Court, 1982)
State v. Koch
2012 S.D. 59 (South Dakota Supreme Court, 2012)
State v. Sharpfish
2018 SD 63 (South Dakota Supreme Court, 2018)
State v. Matthews
505 N.W.2d 129 (South Dakota Supreme Court, 1993)
Legislative History
SL 1978, ch 178, § 403; SL 1979, ch 159, § 24; SL 2021, ch 111, § 2.
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.